LIBRARY
OF THE
UNIVERSITY OF CALIFORNIA.
Cla^s
PUBLICATIONS
OF THE
SCOTTISH HISTORY SOCIETY
VOLUME L
RECORDS OF THE BARON COURT
OF STITCHILL
OF THE
VNIVER8/Ty
October 1906
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:i^'^"'
RECORDS OF
THE BARON COURT OF
STITCHILL
1655-1807
Transcribed by the late
REV. GEORGE GUNN, M.A.
MINISTER OF STITCHILL AND HUME
and edited by
CLEMENT B. GUNN, M.D.
BRA
or THE
UNIVERSITY
EDINIUJRGH
Printed at the University Press by T. and A. Coxstahi.k
for the Scottish History Society
1905
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CONTENTS
PAGE
INTRODUCTION, . . . ix-xxxix
THE MINUTES OF THE BARON COURT OF
STITCHILL, ...... 1-214
APPENDICES—
I. Crimes and Offences, . . . . .215
II. Times of Meeting of the Baron's Court, . . 21 6
III. List of Proper Names occurring in the Records of the
Baron's Court, . . . . .217
IV. Some Archaic and Provincial Words occurring in the
foregoing Minutes, . . . . .219
V. Prices of Chief Articles, . . . .221
VI. Barons, Ministers, and Schoolmasters during the Period
included in the Records, .... 223
VII. Some Notes on Members of the Pringle Family, 224
VIII. The original Manuscript of the Baron Court Records
and its Transcriber, .... 236
INDEX, 239
i:^9 1SI
INTRODUCTION
These Minutes, begun two hundred and fifty years ago,
extend from the eighth day of January 1655 in unbroken
series to the twenty-first day of November 1807, a period
of one hundred and fifty-two years. When they began,
Cromwell was in his second year as Lord Protector of
the Commonwealth of Great Britain and Ireland : they
close just twelve years before the birth of Victoria, later
the monarch of these realms. In 1655 Scotland was little
better than a conquered province of England. The Lord
Protector had dispensed with the services and co-operation
of the Scots Parliament, of the Commission of Estates, and
in matters ecclesiastical, of the General Assembly of the
Church of Scotland. In the year previous to the opening
of the Minutes, the Supreme Council of the Common-
wealth of England had ratified its union with Scotland.
This union, although coming to an end with the restoration
of King Charles ii. in 1660, was not without some influence
upon the social system in the country ; for by its means the
feudal tyranny of the nobility was broken. The tenantry
and commons enjoyed more domestic peace and tranquillity
than had been their lot during the turbulent and disputa-
tious times of Charles i. Two contemporary opinions of
the state of Scotland during Cromwell's Protectorate are
worth (juoting, — opinions from widely varied sources, yet
whose concurrent truthfulness may be accepted. Robert
Baillie, one of the most eminent and perhaps the most
moderate of all the Scottish Presbyterian clergy during the
Civil War, says : * Our State is in a very silent condition,
X BARON COURT OF STITCHILL
strong garrisons over all the land, and a great army of horse
and foot, from 7000 to 9000 in number, for which there is
no service at all. Our nobles lying in prison and under for-
feitures or debts, private and public, are, for the most part,
either broken or breaking."*
The other opinion is that of Cromwell himself, the chief
personage in the State. He had sent for both Houses of
Parliament to come to him in Whitehall to the Banqueting
House, and thus he addressed them : ' And hath Scotland
been long settled ? Have not they a like sense of poverty ?
I speak plainly. In good earnest I do think the Scots
nation have been under as great a suffering in point of
livelihood and subsistence outwardly as any people I have
yet named to you. I do think truly they are a very ruined
nation. And yet, in a way (I have spoken with some
gentlemen come from thence), hopeful enough ; it hath
pleased God to give that plentiful encouragement to the
meaner sort in Scotland. The meaner sort in Scotland live
as well, and are as likely to come into as thriving a condition
under your government as when they were under their own
great lords who made them work for their living ' (Carlyle's
Cromwell, vol. iii. p. 342).
The foregoing brief glance at the political condition of
Scotland at the time when these records begin helps more
clearly to a realisation of the domestic condition of the
country — a condition which, however, is actually brought
before our very eyes in a singularly vivid manner by the
manuscript under consideration, viz. 'The Minutes of the
Baron Court holden at Stitchill Kirk by the Right Worthy
Robert Pringle, of Stitchill, baron and heretable proprietor
of the lands, parochin and barony of Stitchill.'
To regulate the administration of justice, Cromwell set on
foot a two-fold scheme. He appointed (1) a commission of
four English and three Scottish judges to take the place of
INTRODUCTION xi
the Scots Court of Session, not only for hearing cases in
Edinburgh, but also for the holding of circuit courts in the
principal towns. With his second step this work is more
especially connected. (2) By Act of Parliament it was pro-
vided that in every parish each baron should resume his
former jurisdiction, and hold a court of justice, and take
cognisance of debts, promises, and trespass. The court
officials registered their transactions in Minute-books. Those
belonging to Stitchill have never previously been published.
One series of such records, viz. the Baron Court Book of Urie,
was published by the Scottish History Society a few years ago.
And now that work is supplemented with similar material
afforded by the Court Book of the Barony of Stitchill. Those
two reproductions, containing, as they do, the very essence of
parochial and village legislation in the seventeenth and
eighteenth centuries, the one in the north of Scotland in a
seaboard parish, and the other in the far south in the agri-
cultural midlands, supply between them accurate and interest-
ing glimpses of the everyday life of the Scots villager at the
extremes of the country, the former by sea and land, and
the latter purely pastoral and agricultural.
The jurisdiction of the Baron was powerful and wide-
spread, and formed an essential feature of the feudal
system. Introduced at an early period, feudalism flourished
in Scotland until the fourteenth century, when various causes
contributed to its decay; and it received the death-blow by.
the abolition of heritable jurisdiction consequent upon the
rising of 1745. The actual formula of the Baron'*s jurisdic-
tion contains a number of uncouth but archaic words : ' Soc,
sac, pitt, gallows, toll, theme, infangthief, and outfangthief.'
'Soc 'denotes the district included within the jurisdiction ;
' sac ^ means the right of judging in litigious suits; ' tolP
implies exemption from duty, also the right to exact duty ;
* theme ' indicates the Baron's right of declaring who were
xii BARON COURT OF STITCHILL
serfs and who were freemen ; ' infangthief ** means jurisdiction
over a thief within the Baron's soc ; ' outfangthief ' refers to
the right of extradition of a thief caught within the soc of
another; * pit and gallows'* — furca et fossa — is the power of
capital punishment, the pit being for the drowning of women,
and the gallows for the hanging of men.
Such was the parochial court re-established by the Lord
Protector, though with greatly limited powers and lessened
dignity. In fact it corresponded a good deal to the justice
of peace system in England administered by the class whose
feudal authority had been suppressed (Hill Burton, vol. vii.
p. 320).
The Baron Court with which this volume is more par-
ticularly connected was that of the village, barony, and
parish of Stitchill in Roxburghshire, three miles to the north
of Kelso. The name Stitchill is the equivalent of uphill or
uphall, and indicates that the parish occupies part of an
upland slope, rising at last to eight hundred feet above the
sea-level, to which the ruined fortalice of Hume Castle forms
an imposing copestone. Its population and church member-
ship both appear to have continued very much the same as at
present during all those years.
Stitchill at that time was in the centre of a disturbed
district. It lies upon the highway to England, and midway
between the castles of Hume and Roxburgh, almost within
.striking distance of Duns ; hence the villagers could not fail
to be well acquainted with the main features of the
Covenanting campaign. In fact, the religious tone of the
villagers if inspired from the mansion-house was Covenanting.
At Duns some had lain in arms for Christ's crown and
Covenant. At Kelso they had witnessed the inglorious and
disorderly retreat of Lord Holland and his troopers. Their
own broken soldier, Thomas Whyte, military representative
of Stitchill, returned to the village, wounded, from the battle
INTRODUCTION xiii
of Dunbar. And in the sight of every one occurred the
very last act of the drama in which Hume Castle had a part
acted out to the end. It may be read to-day in Carlyle's
Cromwell, vol. ii. p. 244, thus: 'February 3rd, 1650. Letters
that Colonel Fenwick summoned Hume Castle to be sur-
rendered to General Cromwell. The Governor answered,
" I know not Cromwell ; and as for my castle, it is built
upon a rock.'' Whereupon Colonel Fenwick played upon
him a little while with the great guns. But the Governor
still would not yield ; nay, sent a letter couched in these
singular terms : —
" f , William of the Wastle,
Am now in my castle ;
And a' the dogs in the town
Shanna gar me go down."
This frolicking humour stood Willie Wastle in no good
stead. War is too tragic. So the mortars were opened
upon him, which " gar him gang down.'"* '
The population of Stitchill, as of other Lowland villages,
was purely agricultural and pastoral. Farmers, cottars, and
the small shopkeepers in the village held land from the laird
only, and paid their rents in the three ways — money, service,
kind. Farmers held their farms only from crop to crop.
There were no leases, and they might be removed at the
landlord's will. In addition to the rents, the Baron sitting
in judgment decerned the parochial burdens for the ensuing
half-year. One such order refers to the education rate of that
day. He statutes and ordains his haill tenants to pay pro-
portionally to James Lennox, schoolmaster, 20s. Scots money
during his service, and authorises his Baron officer to poind
and distrain any who fail therefor. Again, the assessment
is on behalf of the Beddall, the indispensable village tyrant,
to whom in those days minister, manse, and parish owed
some importance. For the ringing of the great bell at four
xiv BARON COURT OF STITCHILL
hours in the morning and at eight at night, each big house
is to pay him twelvepence yearly; There is also a military
rate. It is found that four indwellers were liable in £S2
Scots money, ' ilk ane of them for their own partes with the
interest of the principal sum for the out-reiking ane soldier
for the parish of StitchilL' And as mentioned above,
when their soldier returned from Dunbar battle, the haill
tenants are stented in payment of ^10 Scots money *for
relief of his wounds, being sent for the whole barony."* In
this connection one may note that it was one of Oliver
CromwelPs first acts to sweep away the feudal system in
Scotland which had entitled the territorial chiefs to the
military attendance of their vassals, ' that all and every the
heritors and persons aforesaid and their heirs are and shall
be forever hereafter freed and discharged of and from all
military service and personal attendance upon any their
lords and superiors in expeditions or travels and of all
casualties of wards and lands formerly held by the king and
other superiors"* (Hill Burton, pp. vii, Ixxv, 316, 317,
318, Appendix, xxvii ; Bruce"'s Report on the Union,
p. ccx ; and in ScobelPs Collection). Still, it is only fair to
the memory of James ii. to state that in 1450 he permitted
lands to be let in feu without the obligation of military
service. This step of CromwelPs was one in the direction of
the policy pursued by him of allowing the people to carry
on their industries undisturbed and unmolested (Ross,
p. 121). This, however, is a digression begotten of those
examples of the monetary burdens, the education rate, and
the military rate. Other examples occur constantly through-
out the Records ; such, for instance, as the halfpenny rate
imposed upon every tenant at the meeting of the Baron
Court, etc.
The burden of payment in kind occurs most commonly in
that form of rent called kain or kayne, when the tenant con-
INTRODUCTION xv
tributed to the laird's pantry annually one or more fowls or
hens as part of his rent, a custom still maintained in that
part of the country. The payment of teinds or tithes was
another example, and one fruitful of perennial ill-feeling
between the parishioners and the minister or the laird. The
minister on his part might delay teinding until the weather
was breaking, with the crops lying out exposed to all risks.
The parishioner, on the other hand, with the skill of years of
practice, could so arrange that every tenth sheaf, by the most
curious mischance, proved to be the thinnest and poorest !
Fruitful sources of irritation betwixt parson and parishioner.
How much more so when they happened to be Episcopalian
and Covenanter, or vice versa !
The third burden upon the tenant was that of service;
which service varied according to different purposes — to
furnish a sufficient worker day about for carrying out the
rubbish accumulated in the kirkyard, under a penalty of £5
Scots ; or it was the reparation of the kirk itself, and included
the furnishing of the barrows, riddles, and other necessaries
for the work.
But perhaps the burden most grievous of all, and one
fruitful of constant irritation to every one within the barony,
was that of thirlage to a particular mill. This was called
the service of the sucken. Every thirteenth peck of meal
ground at the mill went to the miller under the name of
multure, in addition to multure dues to the baron, and lesser
dues to the miller's man, under the name of knaveship. And
so great was the profit from those multures to the baron and
to the miller; that Act after Act was passed ordaining the
tenants to confine all their grinding to the mill of the
barony. The handmill of the cottar against the water-mill
of the landlord strove for centuries back, away before the
days even when the monks of St. Albans sallied forth and,
after capturing the handmills of their vassals, paved the floor
xvi BARON COURT OF STITCHILL
of their refectory with them. Here, for instance, is a refer-
ence in the beginning of the year of the Restoration :
' The which day the said Judge taking into his serious con-
sideration what loss and prejudice the possessor of the Mill
of Stitchill entertains by the people of this Barony who buy
their bread for penny Bridals in the market, and do not
grind their bridal wheat at the said Mill, so that therby they
are partly unable to pay the tack duties yearly rent for the
said Mill use and wont. Therefore it is enacted and by these
presents statute and ordained, that all makers of common
Bridals, also Ale-brewers, as others within the Barony, shall
grind the haill wheat which they shall happen to make use
of at the said Bridal, at the Mill of Stitchill, and pay Mill-
duties therefor use and wont ; and that none within this
Barony buy bread in the market under the pain of .5^10 for
each fault without modification."*
And later, the laird further decreed that no bride dwelling
within this barony shall make her bridal outside this parish
wheresoever the bridegroom shall happen to dwell, for the
benefit of the mill-duties on the malt and wheat, under a fine
of £W. Poor James Macdowell ! His bride's taste for the
fancy bread of Kelso cost him d^lO to the laird and double
multure to the miller, or ten shillings.
Another curious feature of the sucken was the bringing
home of the millstones. In a parish where roads were few
and rough, this was an operation of danger and difficulty.
So the simplest arrangement was to thrust a young tree
through the hole of the millstone, and the parishioners in
turn wheeled it along upon its edge, so as to avoid injury to
the grinding surface. Even the widow of James Campbell
was ordered to pay £S as her share of the expense.
Other burdens of service were ditching, diking, enclosing,
planting trees for the laird, and casting the mill-lade for the
common enemy the miller. The penalty for cutting a tree
INTRODUCTION xvii
was ,£10, one half of which was to go to the poor. It came
rather hard, however, on the poor when the factor forgot this
recommendation and appropriated the whole of the £10,
which was George Hamilton's fine for cutting an ash-tree
belonging to the laird. One recalls the old rhyme : —
' Oak, ash, and elm-tree.
The laird may hang for all the three ;
But for saugh, and bitterweed,
The laird may flyte, but mak naething by 't. '
— Rogers, ii. 46.
And with the tenants, so with the cottars. They too paid
their rents in money, kind, and service. Isobel Johnstone
paid in rent £2 and four kayne hens. Another cottar in
name of partial rent must bring ten loads of coal from
England to the laird and four to the lady dowager. For the
pasture of a horse on the Hall hill one load of coals must
be carried. And when the East Loch was drained, a call
was made upon the cottars to furnish the labour required.
The Baron Court Book contains many such references, of
which the foregoing are but examples.
And now, coming to consider the condition of agriculture
at this epoch of the Commonwealth and after; where then
did the farmer's gains come from ? Hardly from the land.
The Border forays of the past centuries ; the frequent march-
ings of troops to and from English soil ; of Highlanders and
Lowlanders ; of English Independents and Scottish Presby-
terians; of Border reivers and English mosstroopers, all
hindered agriculture from becoming a thriving branch of
industry.
One army destroyed the labour of many years. Farmers
had to be content if they succeeded in producing the house-
hold supply. The lands were wrought on the principle of
infield and outfield. Infield meant one-fourth of the farm
lying nearest the house ; this was fairly well fertilised.
Women carried everything that was required to the fields in
b
xviii BARON COURT OF STITCHILL
creels, and indeed acted as pack-horses in carrying grain, hay,
and manure, often long distances. The outfield consisted of
the remaining three-fourths of the farm, which lay further
distant and yielded crops of inferior quality. After being-
pastured for seven or eight years, it was then ploughed, and
a crop or two of oats taken off. In hard or clay soils eight
oxen were yoked together to drag a single wooden plough,
and from four to six persons were required to conduct it : two
led the oxen, one held the stilts, one cleared the mould-board,
and one regulated the breadth of the furrow by means of a
long pole attached to the plough by an iron hook. The
swing plough was introduced only in 1763. Generally
speaking, these were bad times, times of poor crops, wretched
weather, and prevailing dearth and poverty. Bere cost £^0
Scots per boll, equal to c^l, 13s. 4d. In 1657 the price was
£5, 8s. 4d. Oats brought five merks per boll. The pint of
ale cost four or six shillings according to quality, equal to
fourpence or sixpence sterling. A boll of wheat, pease, or
rye contained ten pecks per boll. Oats and barley contained
fifteen pecks per boll. Oatmeal measured six bushels to the
boll, equal to 140 lbs. avoir. A ploughgate of land was
equal to 104 acres, which eight oxen could plough in one
year. It was similar to a hide or carucate in England,
which amounted to 120 acres. A davoch was equal to four
ploughgates.
With regard to the feeding of sheep and cows, there was
nothing to eke out the pasture; turnips, potatoes, and the better
kinds of grass being introduced and utilised a full hundred years
after this, in 1747. The sheep were small and their flesh
hard for those who had to eat it ; * the mutton live to a
greater age than elsewhere by reason of the salubrity of the
air and the wholesome dry feeding, and are indeed the greatest
merchant-commodity that brings money to the place, with
their produce of lambs, wools, skins, butter, and cheese.'
INTRODUCTION xix
From the Baron Court Records one may get a good idea of
the purchasing power of .^1 00 Scots : Alexander Lowrie
will sell six dinmonts and ewes for <^8, 6s. 8d.; John Smith''s
price for one ox is ^18, 10s. ; William Courtney ""s two cows
cost £S1 ; Isobel Ormiston's calf cost <£*!!, 14s. ; John Wood
bought a mare for £26 ; John Brattison will erect a peatstack
for £4f. The sum-total of the above amounts to all but ,5^100
Scots or £8, 6s. 8d. sterling. ' This country afFordeth also store
of neat hide and sheep skins and great plenty of wool, which
is carried to foreign nations, so that the cold eastern countries
bless this happy soil, being warmed with the fleeces of their
sheep. It affbrdeth also great plenty of well-spun worset,
which is sold and carried for the most part to foreign nations ''
(Russell's Yarrow, p. 74). .
The remaining lands and meadows of each district were
possessed and laboured in different parts by the poorer
cottars, under the authority of the laird or his bailie. They
had equal rights with one another to the woodlands, the
peat-mosses, the large ranges of common, and forest-land,
which furnished eldin or fuel to them gratis, where pigs and
geese might range, and the cows might feed, herded by the
small boys of the village.
In addition to the agricultural population, consisting of
farmers and cottars, there were the tradesmen necessary to
their existence : the blacksmith, to whom was paid a tax
called ' sharping corn," who kept the ploughshares and reap-
ing-hooks in order ; the joiner; the cordiner, who made shoes;
the brewer, who made and sold ale ; the carrier to Edinburgh
and the north of England ; and the general merchant. And,
in addition, the chapman, who traded by barter, accepting
poultry, butter, cheese, and eggs in return for the manu-
factured commodities of the town, was ever a welcome visitor
with his pack to tempt the goodwives, and his political gossip
for their husbands.
XX BARON COURT OF STITCHILL
Their dwellings were of a temporary nature. As an Eng-
lish tourist related, ' the houses are mouse-holes of mud,
covered in with heath and thatch which, when dry, makes
excellent fuel." There was but one apartment, with no
chimneys, with unglazed boles for windows, and a fire of
wood in the middle of the floor.
The usual dress of the working people was made of a plain
coarse woollen cloth called hodden grey. It had been spun
at home by the industrious wives from the washed but undyed
wool. The maud, or shepherd's plaid, and the blue bonnet
marked the peasant's dress. If he wore shoes, they were made
of neat's leather, fastened with brass buckles. In spite of the
prevailing poverty, the commons liked to dress well, especially
on Sundays. John Ray, the naturalist, was so struck by this
marked difference between the Lowland labourer in his work
and in his dress, that he wrote : * They lay out most they are
worth in clothes, and a fellow that hath scarce ten groats
besides to help himself with, you shall see him come out of
his smoky cottage clad like a gentleman.' This love of dis-
play was prevalent. In the Complaynt of Scotland one may
read that, ' ane man is nocht repute for a gentleman in Scot-
land but gyf he mak mair expenses on his horse and doggis
nor he does on his wyfe and bairns' (Ross, p. 283). This fond-
ness for apparel attracted even the attention of Parliament
and of the General Assembly of the Church ; and those two
bodies tried in vain to regulate it, as indeed James ii. had
attempted two hundred years earlier. Burgesses and peasantry,
men, their wives and daughters, were to be restrained in their
extravagance. Dress, coats, and cloaks were to be composed
of materials suited to the wearers' ranks. It was enacted
that nobles only were to wear golden or silver lacings, velvets,
satins, or silks ; no man of lower rank to do so except at
a penalty of ^^1000 Scots. Servants were restricted to
fustian, canvas, or other stuffs produced within the kingdom.
INTRODUCTION xxi
Scant grace was shown to weddings. One of the Stitchill
Records expressly certifies that neither bride nor bridegroom,
their friends nor guests, shall make above two changes on
that occasion, under a fine if they be craftsmen or servants,
not exceeding a hundred merks. Clothing was often made a
consideration in completing a bargain. Thomas Hoggarth
for his services got ^11, 4s. Scots, with a harden shirt of
coarse tweeled linen, a suit of old clothes, and two pairs of
hose. John Crottar for a half-year got £5 for fee, twelve
shillings for shoes, and twenty-four shillings for new hose.
Hose was a species of pantaloons fitting closely to the limbs,
and attached to the waistcoat by strings or laces tipped with
metal points. William Moffat is decerned to pay to James
Alexander for fee to his nephew, £4f, 13s. 4d., with a pair of
old hose, or 8d. for the price. A woman's wage for the
summer months was £4^ Scots, often with a bountith of a
pair of shoes and the privilege of sowing a little lint. Other
examples of wages are : three shillings for one day's thresh-
ing ; also one shilling and fourpence for a day's spinning.
One shilling Scots was equal to the modern penny ; d^l Scots
represented one shilling and eightpence of our money ; and
d^lOO Scots would mean £S, 6s. 8d. to-day.
Beef was sold at twopence per pound ; mutton at three
halfpence per pound of seventeen and a half ounces ; and
cheese brought only threepence or fourpence a pound of
twenty-four ounces. In general the common food was brose,
oatmeal moistened with hot water and seasoned with salt.
Each meal was the repetition of its predecessor, and the
cooking process was simple.
The greatest social evil in Scotland, and the keenest
reproach to her clergy, was the existence and prevalence of
the vagrant poor, without any corresponding and adequate
method of granting them relief. In vain did Parliament
order the arrest of all vagabonds, sturdy beggars, and gipsies.
xxii BARON COURT OF STITCHILL
such as made themselves fools and bards, and such who sleep
all day and walk by night. In vain did the Church distri-
bute her sacramental monies and the contents of the poor-
box, distinguishing between the respectable, unfortunate poor,
and the profane, drunken, debauched sort. In vain did the
Baron forbid his tenants to relieve, to house, or give them
money, save at the risk of the burden of their continued
maintenance. The poor continued to exist throughout the
land. The gaberlunzie, the bluegown or the king's man,
such as Edie Ochiltree, whose figure must have been familiar
to the Stitchill wives and weans, ere he earned his repose in
the churchyard of Roxburgh, the village idiot and the village
poor, were loyally looked after. But the sturdy, vaguing
beggar who would neither work nor want was a constant
menace to the cottar and villager, and an unsolved problem
to the kirk-session and the Baron Court.
Concerning another phase of Border life, there were not
wanting in those days manifestations of the old daring spirit
of their marauding forebears, who, like the Graemes, found
the beeves that make their broth in Scotland and in
England both. The iron hand of Cromwell rested too
heavily upon the nobles to permit either of forays or of their
keeping the crown o' the causey, yet their tenantry would
not be withheld from their love of sport and fairplay. The
old wild spirit still broke out at fairs and trysts, at New Year
time, and on Sabbath days when business or worship was
combined with the breaking of heads, and conviviality
mingled with the bruising of limbs. But there was a day
of reckoning ; not of the * rug and rive ' kind, not with the
ready lance of the old reiver, but in a place where the blood
ran cooler, and where even-handed justice was meted out.
The Baron and his fine, the stocks and the jougs at the kirk
door, and the still more dreaded pit and gallows, wrought no
weak nor ineffective vindication. So when in the Stitchill
INTRODUCTION xxiii
Baron Court George French confessed that he ' committed
blood ' upon his servant Thomas Quhigginhall with only his
hand, and no military weapon, he was fined £^4f Scots.
Again, when James Lambie and George French junior fell
out, as lads have a knack of doing, James had to pay a fine
of £5 or to go into the stocks at the kirk door during the
pleasure of the laird. Then for their riot and profanation
of the Sabbath, when two men in an inhuman and unchristian
manner beat and struck one another in several parts of the
body to the efJusion of their blood in great quantity, they
had to pay £50, and find caution for a hundred merks for
their future good behaviour. Still, the calendar of crimes in
the Baron's Court was light during all those hundred and
fifty years. Small debt cases, trespass, and assaults comprise
most of it. A tendency to detraction prevailed throughout,
since this was the only weapon which the feeble might urge
against the strong. Kirk and kirk-session. Baron Courts and
Parliament, contended vigorously against it. For instance,
three women were decerned to pay to the kirk-session towards
pious uses, ilk ane of them, twenty shillings for slander.
Another confessed that a certain man did steal her hen and
make use of it, but could not sustain her charge by probation,
for which she was ordained to stand in the stocks and pay
unlaw by and attour the kirk censure. Isobel Turnbull may
scold for forty pence ; John Hoggarth's opprobrious speeches
cost him thirty shillings. John French, for scandalling of
James Dawson wrongously, in calling him thief and knave,
paid a fine of £5 by and attour the kirk censure. Such
were the crimes of lesser degree which characterised village life
in the seventeenth and eighteenth centuries. But during the
same period in Edinburgh, Leith, and other large towns,
crimes of great magnitude were rampant, for which * there
was daily scourging, hanging, nailing of lugs, and binding of
people at the Tron, and boring of tongues.' And curiously
xxiv BARON COURT OF STITCHILL
enough, as regards drunkenness, the national vice, one may
read of two cases only in the Baron Court Minutes for one
hundred and fifty years ! There may, indeed must, have been
others, private tipplers who did not come to the front ; but
of these there is no proof. And one cannot but infer that
the extreme and rigorous discipline then prevailing in Stitchill
was an influence on the side of goodness and morality. And
the laird was not slow to let his power be felt. Talking
in the official language of the Acts of Parliament, on
August 18, 1655, one .finds, * The said Judge taking to his
serious consideration the great disorders and abuse within
this Barony by excessive drunkenness, scandal, sensuality,
mocking of piety, and such other heinous arid God-provoking
sins and offences, therefore, conform to an Act of Parliament
made at Perth upon the 7th day of August 1645 years, and
ratified by another Act of Parliament, of date 13th February
1649 years, do statute, enact, decern, and ordain that none
within this Barony and Jurisdiction drink excessively, nor be
sensibly drunk, nor be known to be drunk, nor use filthy nor
scurrilous speeches, and that none mock at piety under the
pain of ten shillings Scots. It is statute that none curse,
swear, nor blaspheme, under the pain of ten shillings Scots.'
' Scotland was in bad enough condition, but it was not Pan-
demonium ; not a scene of rapine, hatred, and universal
anarchy. The great mass of the people went about their
daily work with more or less content. Fields were ploughed
and harvests gathered, crafts were followed, houses bought
and sold, churches, castles, and cottages were built, schools
quietly busy, knowledge spreading, religion deepening, and
intellectual culture ennobled life' (Ross, p. 291).
The Baron thus believed in keeping men sober by the
Acts of his Court ; and he indirectly strengthened those
efforts towards a stronger morality by an insistence on com-
pulsory education. In this he was much in advance of his
INTRODUCTION xxv
times, although he was but following in the policy of John
Knox of a hundred years earlier. The Baron put parents
under a ten-pound penalty who failed to educate their
children. He forbade a daughter to attend the sewing-
school until she had been two full years at the public
school. And on October 20, 1688, the judge, 'sitting
in judgment anent a complaint given in by the school-
master, which the said judge taking into consideration,
enacts, statutes, and ordains the haill tenants within the
said barony, who have children capable to learn, to send
their children to the public school between this and Tuesday
next under the pain of ten pounds Scots for each failure.
And that none of the said tenants or cottars that have
daughters shall send them to any sewing-school within the
barony, until they have had two full years reading at the
said public school under the penalty foresaid of ten pounds."*
Towards the teaching of poor scholars, the Baron granted a
small additional fee to the schoolmaster.
Passing now from matters educational to those ecclesiastical,
it is found that the Baron in like manner supported the dis-
cipline of the Church. And this may have been all the more
public-spirited of him, seeing that the tradition of his
House was markedly Covenanting, while at the period under
consideration, the Church of Scotland was at the beginning
of her second Episcopacy. Although the Church was now
in possession of her highest power, and exercised an un-
limited authority over the religious practice and })rofessions
of the community, still she owned a number of black sheep,
people who were recalcitrant and tried to evade her
discipline. * 1660, November 26 : — The said Baron taking
into his serious consideration how great necessity church
discipline of this })arish has of the assistance and concuiTence
of the civil magistrate and help of his authority interponed
thereto, and how necessary the same is for the thriving of
xxvi BARON COURT OF STITCHILL
religion within this parish ; therefore the said Baron hereby
judicially decerns and ordains his ordinary officer of the
barony to put into execution all acts and decrees of the kirk-
session against all persons whomsoever within this barony,
and poind for all penalties and fines to be imposed by them,
and take the extract of the kirk-session for his warrant."*
It would seem from the frequent repetition of such
minutes as those, that the minister and kirk-session, with the
assistance of the Baron, did their best to enforce the obser-
vance of the Decalogue. Their penitents underwent a
severe and rigid discipline which sounds nowadays harsh
and out of place. The Church had great faith in the power
of shame ; so the stocks and the jougs, the cutty-stool and
the fine, were the instruments employed for reforming the
manners of the age. ' The Session decreed that if she so
offended a second time, her craig be put in the jougs."* The
minister of Stitchill was quite abreast of the times, and did
not fall under the censure of the presbytery as did a neigh-
bouring one, neither having sackcloth in store for penitents,
nor yet an hour-glass to see that the sermon was of the
proper duration. At the invasion of Cromwell in 1650 his
soldiers beheld with surprise and disgust. Independent and
Puritan though they were, the degrading sentences inflicted
by the Church for offences which they deemed utterly
trivial ; and in a burst of rage they swept away repentance-
stools, jougs, and sackcloth habits. The kirk-session of Stow,
among others, resolved to pause in the exercise of discipline
till the latitudinarian strangers had returned to their
English homes. The Rev. David Starke was minister of
Stitchill at the time. One cannot tell now whether, in
the language of the time, he was a ' very gracious young
man."* It is known, however, that when two years later
prelacy was introduced, he conformed and remained in office
as minister of Stitchill.
INTRODUCTION xxvii
Rae, the English naturalist, describes the public worship
in the Church of Scotland in 1661. He says : ' The minister
in Scotland in the public worship doth not shift places out
of the desk into the pulpit as in England ; but at the first
coming he ascends the pulpit. They commonly begin their
worship with a psalm before the minister comes in, who,
after the psalm is finished, prayeth, and then reads, and
expounds in some places, in some not ; then another psalm
is sung, and after that, their minister prays again, and
preacheth as in England. "* The worshippers had stools and
chairs for their own use, which they removed or left at
pleasure. In some churches the women were forbidden to
sit upon the forms which men should occupy, and were made
to sit together. During sermon the people usually sat with
their hats on, and at times even applauded the preacher.
During prayers the congregation observed an outward
reverence ; kneeling being the common posture. After the
coup associated with Jenny Geddes, the clergy gave up the
habit of reading their prayers (1638). Twice a day the
Covenanting Army of 20,000 men, encamped on Duns
Law in 1639, knelt simultaneously at prayer. In the times
of which we are speaking, the extreme party, developing into
Protesters, were favoured by Cromwell, and by their spirit,
and also by the course they pursued, rent the Church in
pieces, and materially assisted the restoration of Episcopacy
in 1662, and drove many into conformity with it who had
previously imperilled life and fortune for its overthrow a
quarter of a century before. The Resolutioners were those
occupying the middle way, standing between Popish and
Prelatical polity ; and some of them, like Dickson and
Baillie, died of broken hearts as they perceived the one
extreme pave the way inevitably for the other (Sprot and
Leish man's Common Order).
In connection with the church of such a pai*ish as
xxviii BARON COURT OF STITCHILL
Stitchill, there were two points which call for notice — the
stress laid upon the sermon as opposed to divine worship,
and the frequency of fast-days. Long sermons were then
in the heyday of their glory ; long prayers were more
notable for their doctrine than for their devotion. Bishop
Burnet, of a date a little later, probably with a spark of
exaggeration, says, 'The grace before and after meat they
sometimes carried to the length of a whole hour." In the
sermon, ' all that passed in Church and State was freely can-
vassed. Men were as good as named, and either recom-
mended to, or complained of, to God, as they were, or were
not, of the same party as the preacher. The pulpit was
a scene of news and passion." The sermons were really,
however, abreast of the times. In them the preacher gave
the latest intelligence, and criticised the actings of all in
power. The sermon took the place of the daily newspaper,
and the preacher the place of the leading article. The
technical name for it was ' bearing testimony.' In Old
Mortality, Mause Headrigg exclaims, ' And I say that, wi'
this auld breath o' mine, and it 's sair ta'en down wi' the
asthmatics and this rough trot, wi' this auld and brief
breath will I testify against the backslidings, defections,
defalcations, and declinings of the land, against the grievances
and causes o' wrath."* Bearing testimony supplanted the
simple Gospel in those days.
The clergymen's influence, too, often tended to intensify
the divisive fervour of contention, rather than to promote
moderation or wise forbearance. When Cromwell was in
Glasgow in 1650, and went soberly to church, we read that
Mr. Zachary Boyd railed in his face from the pulpit of
the cathedral. Little wonder that the Protector did not
relish that pulpit style; that on September 9, 1650, he
wrote to the Governor of Edinburgh Castle, granting free
liberty to ministers to preach, ' but not to rail, nor under
INTRODUCTION xxix
pretence thereof to overtop the civil power or debase it as
they please."
Fast-days afforded an outlet to the expression of the
religious feeling of that age. General Assemblies enjoined
their frequent observance ; and presbyteries and kirk-sessions
loyally multiplied them in their own bounds. A succes-
sion of stormy winters, of bad harvests, of dear provisions,
all on the one hand ; rapid defeats of their arms on
all sides, the overthrow of the General Assembly, and the
diminution of the power of the Church contrasted with
the conspicuous evils of the country at large, turned the
attention of men in extremity towards days of fasting, humilia-
tion, and prayer. ' Atheism and ignorance of God, His Word
and works ; looseness and horrible profanity in conversation ;
despising and slighting of Jesus Christ, His word and ordin-
ances ; neglect of family worship, covetousness, usury ; not
renewing the Covenant ; defection from the Covenant ; im-
penitency." Such, in the exaggerated religious feeling of the
stricter party, were the national sins of the time. And on
their account fast-days were strictly enforced, as a nation's
cry to God to avert His righteous judgments. The people
had the heart and the honesty to acknowledge their crying
sins, and were terribly in earnest. The same perfervid
religious zeal which had led the grandsires of those men to
endow monasteries, and confer privileges and lands on the
monastic orders, that in turn led their fathers to the refor-
mation of the Church, still burned within their breasts, made
them * not vulgar ranters, or hollow hypocrites, but men
terribly in earnest, wrestling with God for the salvation of
their country and their Church." Names conspicuous for
their zeal in the merit-roll of the Covenanters in the thirty
years succeeding the opening of the Stitchill Records, show that
* at this age of unparalleled corruption and moral depravity,
lived men, heroic, religious, and devoted, who, in the words of
XXX BARON COURT OF STITCHILL
their Covenant, endeavoured to be good examples to others in
all godliness, soberness, and righteousness, and of every duty
we owe to God and man/ The Kers, Pringles, Elliotts, Scotts,
Riddels, Inneses, all ancient and renowned Border names, were
in full sympathy with the principles of the Covenant, and
exerted an undying influence on those living upon their
estates. The memory of the heroic Henry Hall of Haugh-
head, of Sir Patrick Home of Polwarth and of Richard
Cameron, of Donald Cargill and of Alexander Peden amongst
the ministers, the memory of their patriotism, of their public
spirit and loyalty to their religious convictions, is what we
would not willingly let fade. But at the time of which these
Records treat, they were in the very flower of their lives,
exercising a powerful influence on the lives of the Border
people. A famous name associated not only with the con-
joined parishes of Stitchill and Hume at that time, but well
known also as far up Tweed as Peebles and on to Lanarkshire,
was that of William Veitch. For twenty years he was an
outcast, preaching, harried and hunted during all that time
from the Scottish to the English Border and vice versa.
About 1676 he is mentioned as meeting at Hume with the
field-preachers and country gentlemen, who were sentenced to
be fined heavily if they permitted conventicles to be held on
their estates. He frequently also conducted the celebrated
conventicle at the Blue Cairn, between the Gala and the
Leader, which after several years was removed to Fogo Moor.
But it proved to be both the first and the last day of having
a field meeting at that place, for on that very evening several
troops both of horse and foot, coming from Haddington through
the Lammermuirs, scoured the parishes of Gordon and Hume
in search of Veitch. He escaped at the time, although the
troopers passed the very place of his concealment, the house
of Queenscairn in Stitchill, where the dowager Lady of Stitchill
was residing. This brave Scots gentlewoman was the mother
INTRODUCTION xxxi
of that militant Covenanter, Walter Pringle of Greenknow,
second son of the laird of Stitchill, who shared the perils, the
fightings, and the persecutions of those killing times. The
tone of the lairds of Stitchill, when the Records open, was
markedly Covenanting ; it became a tradition of the family ;
and at a later date the head of the family originated the
Secession (1732) in the parish from the Church of
Scotland.
Among the farmers, tenantry, and cottars of the parish of
Stitchill one does not meet with any Covenanters, although
some there must have been who attended the conventicles.
Perhaps the spirit that induced their minister, Mr. Starke, to
conform to Episcopacy leavened them also, and they silently
accepted the new order in the Church. Perhaps, too, the
influence of the Earl of Home, a zealous royalist, the chief
territorial magnate of the district, eclipsed the natural in-
fluence of the Pringles of Stitchill, and prevented both minister
and people from acting otherwise than they did. One cannot
tell now ; but from the Records of that date one may infer
that the minister, whether as Presbyterian or Episcopalian,
satisfied the spiritual feeling and craving of the people by his
ministrations.
Passing now to lighter matters, how did the cottars pass
their leisure ? From the Record of the last day of January
1658 we learn that the great bell summoned them at four in
the morning, and that evidently in the depth of winter, and
again it rang them to rest at eight in the evening. This
latter was a survival of the evensong bell of the Roman
Catholic phase of the Church : —
' This battell heg-an in Chyviot,
An hour before the none.
And when the evensong bell was rung,
The battell was not half done.'
The following lines of a different character give an idea of
xxxii BARON COURT OF STITCHILL
some of the methods in which the cottars of Stitchill passed
the time : —
' On a winter's night my grannum spinnin'
To mak a web o' gude Scots linen,
Her stool being placed next to the chimley,
For she was auld and saw richt dimly.
My luckydad an honest Whig
Was telling tales of Both well Brig ;
He could not miss to mind th' attempt.
For he was sittin' pu'in' hemp.
My aunt, whom nane dare say has no grace.
Was readin' in the Pilgrim's Progress ;
The meikle tasker Davie Dallas
Was telling blads o' William Wallace.
My mither bade her second son say
What he 'd by heart o* Davie Lindesay.
Our herd whom a' folk hate that knows him.
Was busy huntin' in his bosom.
The bairns and oyes are a within doors.
The youngest o' us chewing cinders.
And all the auld anes telling wonders.'
Regarding the literature available to the commons of Scot-
land, a list has been left for our information by the author of
the Complaynt of Scotlaiid^ referring to the period a century
previous to the opening of the Records of Stitchill. There
are fifty works in all, including the Chronicles of the Lives of
the Saints^ Chaucer, Barbour''s Bruce, Blind Harry's Wallace,
Mandeville's Travels, Douglas'^s Palace of Honour, Dunbar's
Golden Targe, etc. The names of some of their songs are
also given, and include some known to ourselves and others
not now recognisable : ' Pastance with gude companye,' said
to have been by King Henry viii., * Still under the leyvis
grene,' ' Cou then me the raschis grene,"* ' The Frog cam to the
myl dur,"* ' O lusty May with Flora quene,' and the ' Battell
of Harlaw,' now only extant in Ramsay's version of the
' Huntes of Cheviot.' A few of their dance airs are enum-
erated, such as ' All Christian Men's Dance,' the ' North of
Scotland,' ' Hunt's up,' * Robin Hood,' ' Tom of Lyn,' the
INTRODUCTION xxxiii
* Gossip's Dance," ' John Armstrong's Dance,' the ' Schawman
Dance,' etc. And their musical instruments, on which these
melodies were played, were a drone bagpipe, a trump, a com-
pipe, a recorder, a fiddle, a whistle, etc. (Ross, 261).
Athletic games among the rural tenantry were probably
not very popular. Football, handball, and archery may have
been the commonest. But regarding the last of these, its
practice had to be compulsorily insisted on by Act of Parlia-
ment; and when such means even were not very successful,
the potency of ridicule and satire was attempted by the
poets of an earlier time, notably the kings James i. and v., in
such poems as ' Peebles to the Play ' and * Christ's Kirk on
the Green.' Large gatherings from wide distances frequented
their matches, indeed those were the means of collecting at
times a large army unobserved. Thus when Sir Robert Carey
was Warden of the Eastern Marches, he received information
of a football match at Kelso. He found that his restless
neighbour of the Middle Marches, Sir Robert Ker, was there
with the ' chief raiders.' This was sufficient to excite his
suspicion, so by a; timely alteration of his plans he saved the
lives of a number of his men and prevented much loss of pro-
perty. In the year 1600 Sir John Carmichael, Warden of
the Middle Marches, was killed by a band of Armstrongs on
their return from a football match.
During the Commonwealth, when these Records begin, all
manner of public festivals was severely discountenanced,
Christmas or Yule, Pasch or Easter, and the observance of
all saints' days was censured both by Parliament and by
the General Assembly. Marriages were happy blinks of
sunshine in the perpetual dreary round of fastings and days
of humiliation. And being so, they could not fail to attract
the attention of Parliament and the General Assembly.
Acts, ordinances, injunctions and recommendations against
both the merriment and the expense were launched one after
xxxiv BARON COURT OF STITCHILL
another. The struggle was sharp and severe, and lasted
long ; but such ceremonies as riding the braes, described by
Burns, and creeling the bridegroom, lasted down almost to
the present day. But the spirit of those early Covenanting
times was against them all, and the Baron's Court had
up the offenders frequently before its outraged majesty.
Marriages, baptisms, and funerals were put under severe
restrictions. The baron ordained that those celebrations
were to be solemnised in a sober, decent manner, and that at
marriages, besides the marrying persons and their blood
relations, there shall not be present, nor meet on that
occasion, above four friends on either side. And neither the
bridegroom nor the bride, nor their parents nor relations,
tutors or curators, shall make above two changes of raiment
at that time. The penalties were : for landed persons one-
fourth of their annual rents ; those not landed were liable
in one-fourth of their moveables ; burgesses were to be fined
not more than five hundred merks ; and persons of the
meaner sort one hundred merks. And if the number of
guests exceeded the limits mentioned above, the master of the
house was liable in five hundred merks. For baptisms four
outsiders only were permitted to be present. If the marriage
dues were not settled within three days, the schoolmaster, as
session clerk, was to receive other five pounds. And even so
late as 1702 there occurs a Minute of the Baron Court
anent supernumerary marriages, and entertaining more
guests thereat than the law allowed. The Minutes of the
Presbytery of Haddington and Dunbar, of date May 7, 1647,
asserted with regard to penny- weddings that ' the paying of
extravagant sums of twelve shillings for a man, and eight
shillings Scots for a woman, that is, one shilling and eightpence
sterling respectively, is the cause of great immoralities of
piping and dancing both before and after dinner and supper ;
moreover, loose speeches, singing of licentious songs, and
INTRODUCTION xxxv
profane minstrellings in time of dinner or supper tends to
great debauchery. Through all which causes penny bridals,
in our judgment, become seminaries of all profanation. "^
For piping at bridals, Adam Moffat, piper, was by the kirk-
session at Ashkirk, on November 16, 1638, ordained the
next Sabbath to stand at the kirk door with a pair of sheets
about him, barefoot, and bare-legged, and after the people
are in, to go to the place of repentance, and so to continue
Sabbathly, during their wills. The General Assembly in-
hibited also promiscuous dancing.
All over the Border district the rural population appears
to have delighted in song. Peeblesshire may have been the
exception, because Dr. Pennecuik, who practised in that
county, relates how one might journey long enough, and not
hear a ploughman whistling at his work, nor a dairymaid
singing at the milking. But the existence of the old ballads,
and of the old airs, recovered and preserved by Bums and
Allan Ramsay, proves the contrary for all the rest of the
Border country. Sang schools too had been in existence at
the time of the Baron Court Records for over a century ;
they were a revival of the sang schools of the Roman pheise of
the Church of Scotland. These not only * stimulated the
study of music in Scotland, but secured greater efficiency in
congregational singing.' We find as many as two thousand
people singing the second version of the 124th Psalm to the
very music to which it is still sung, and able to do so with a
harmony of four parts. A negative proof of this love of
song is to be found also in certain Acts of Assembly, which
forbade under penalties the singing of profane, licentious
songs and ballads. In fact certain ministers, such as the
Wedderburns, made a well-intentioned effort to wed healthier
sentiments to those popular airs and choruses — * to turn the
tunes and tenour of them into godly songs and hymns.' To
the popular melodies, new vei*ses of a pious character were
xxxvi BARON COURT OF STITCHILL
added. If they did not further piety, they have served this
end, that the obscene songs which they supplanted have
disappeared ; and their airs, low and debased as many of
them are, survive. And they do not permit us to forget
that love of song and music which made the Borderers
maintain their piper and their harper. Minstrel Burn was
the last of the latter ; and probably Sir Walter had him in
his mind when he composed The Lay of the Last Minstrel.
Sir William Alexander and Drummond of Hawthornden were
the poets of this period ; its prose writers, especially in the
domains of Church history and ecclesiastical subjects, being
Bail lie, Spottiswoode, Burnet, Rutherford, Guthrie, and
Leighton. It must be kept in mind that in the Borders
during the Covenanting period, songs and ballads were fewer
than in the succeeding age. After the passing of the iron
rule of Cromwell, when the Restoration was accomplished, a
renaissance occurred, which attained supreme development in
the times following the risings of the Fifteen and the Forty-
five. The choicest ballads and melodies were then created.
Sung at happy gatherings, printed on broadsheets, picked
up by the children, crooned over by old carlines, happy in
their youthful audiences, these songs and ballads lived to the
times when Percy and Sir Walter Scott, and other collectors
of our floating minstrelsy, saved them from dropping for ever
into the quicksands of time. Most familiar then, and
certain to be chanted at the ingleneuk, were the exploits of
some neighbouring chief of the Douglas, the dead man that
won the field of Otterburn ; or that of Jamie Telfer o' the
fair Dodhead, in which the old wild spirit of the Border
foray is masterly portrayed ; or, again, that of the daring
rescue of Kinmont Willie from the castle of merry Carlisle
by the bold Buccleugh fifty years later. Songs of lighter
tone, like ' Tamlane,' or others of melancholy cast, like the
' Dowie Dens of Yarrow,' were heard within those lowlv
INTRODUCTION xxxvii
cottage walls. Fairy-tales and superstitious stories were
enshrined within those beautiful ballads. Thomas the
Rhymer was the Merlin of that region. But higher up
Tweed, by Drumelzier haugh, Merlin Lailoken prophesied
himself once again. The tales and ballads became Cymric,
not Border. The place-names, too, remind one that the
British tribes inhabiting that part of Strathclyde brought
with them their folklore and traditions of King Arthur, and
Merlin and their great chief Vortigern, and the great peace
apostle Kentigern. But this is a digression.
Saddest and most touching superstition of all was that of
witchcraft. Here in the Baron Court Records may be read
the reference to a man threatening to inform upon an old
woman, in order to procure her own death by burning, and
to consign her house to the flames. Within a mile or two
of Stitchill Manse the tree is still pointed out which grew
close to the site of the last witch-burning. On the road
to Nenthorn, on the opposite side from Stitchill glebe, is a
hollow on the roadside popularly spoken of as the Witches''
Hole. Suspected persons were thrown into those pits full
of water ; if the body floated, the person was guilty ; those
who sank were pronounced innocent, but allowed to drown.
In August 1661, John Rae mentions that during that month
one hundred and twenty women were burnt as witches ! For
the two hundred years during which a belief in witches pre-
vailed, nearly eight thousand persons were cruelly immolated.
Witches were charged with a variety of offences. They were
accused of stopping mills; as boulders, of impeding the plough;
of riding upon the wind and foundering fishing-boats ; of
transporting themselves through space upon broomsticks ;
of casting the evil eye or glamour over a person, leading to
illness, death, or misfortune ; and in general with an
intimacy with the evil one. The Church and the courts of
law un(iuestionably accepted witches and their craft as an
xxxviii BARON COURT OF STITCHILL
existing evil and power ; and the Protestant Church of Scot-
land in this matter has its roll of martyrs as long or longer
than the Church had in its Romish phase.
There was also the belief in the return from the dead.
The Borderer could not bring himself to believe that the
grave formed a real break in the continuity of the essential
life of man. He passed only from the visible to the
invisible, and naturally might still take an interest in the
affairs of the world he had left. Now it was to expiate a
deadly sin ; or to recover a troth ; or on account of dis-
quietude with the voice of grievous mourning. Full of
pathos, of beautiful, exquisite poetry, are such scenes con-
ceived as may be read in such a ballad as the ' Wife of
Usher^s Well.'
And in speaking of death, one is reminded from those
records how in Scotland a body must be wrapped in linen,
but in England in woollen, as the chief manufactures in the
respective countries. In the reign of Queen Anne, however,
it was decreed that every one should be buried in woollen ;
and ministers were appointed to attend the placing of the
body in its coffin, not specially for the purpose of com-
mitting it therein with a religious service, but in order to
see that the law in the above respect was carried out !
Such are some of the manners, customs, and events
described in the records of the Baron Courts of so little
renowned a place as Stitchill. Yet they are full of interest
and charm, as signs of the progress made by our ancestors
to a nobler and fuller life, signs of the struggles, the
victories, and the defeats of our ancestors. They form no
trivial possession ; they afford us no puerile study, no
lifeless pursuit. They are traces of that past which has
made way for this present — traces of the men by whom we
live, of the ideas they held, and the work they performed ;
of men like us, worthy or unworthy their position in the
INTRODUCTION xxxix
history of the world, and in the destiny of mankind. Surely
this whole field of study is full of interest in its bewilder-
ments, and confusions, its ceaseless strivings, foreboding
fears, and almost hopeless hopes ; full of interest in the
height of the attainment to which it shows we have
attained, and in the vision of that higher and more
ennobling future which still holds our soul in rapt desire
and mighty endeavour. Such a past then is not dead and
buried, lifeless and annihilated ; peopled by abstractions of
men, by ghosts ; but, using the forcible words of Carlyle, by
' men in buff or other coats and breeches, with colour in
their cheeks, with passions in their stomachs, and the idiom,
features, vitalities, of very men.'
GEORGE GUNN.
THE MINUTES OF THE
BARON COURT OF STITCHILL
The firste Court Barron holden at Stitchell upon the aught (i)
day of Jany. jajvi^ and fy fty fyve yeires, be the Right ^^^^' ^^' ^'
worthy Walter Pringle of Green Know,^ In name of and
haveing full power and commissioun fra the Right worthy
Robert Pringle of Stitchell,^ Barroun and heretable pro-
prietor of the Lands, Parochin, and Barrony of Stitchell.
Court lawfully fenced and affirmed.
The qlk day the haill tenents and coatters within the
Barrony of Stitchell being all lawfully wairned and called,
compeired all personally and tuike Instruments of their
compeirance.
The qlk day also the said Judge [in compliance with the]
Act for holding of Barroun Courts in Scotland hes elected
and chosen fyfteen famous honest men of whois fidelity and
qualificatioun he has assurance to pass voyce upon Inquest or The inquest.
* He was the second son of Robert, the first laird of Stitchill. The
elder son, John, predeceased his father, Robert, the first laird, leaving a
family of eight children. The eldest of these was Robert, the second
laird of Stitchill, and later, the first baronet (created 1683). Walter of
Greenknow, uncle of the young laird Robert, had been living for five years
at Stitchill House as curator of his deceased brother's children, ever since
the Battle of Dunbar, at which he had been present. He continued at Stitchill
House until November 1656, and thereafter went to Torwoodlee, the home of
his wife. He is known as the Covenanter, and left behind him a manuscript
memoir of his adventures and religious experiences for the use of his children,
published by the Wodrow Society in their volume of S^/eci Biographies.
^ Second laird and first baronet, succeeded to Stitchill on the death of
his grandfather in 1649. He inherited Newhall in 1667, on the death of
Robert of Newhall ; was created baronet in 1683. His wife, Margaret Hope,
daughter of Lord Craighall, had nineteen children, of whom one was Sir
John, the second baronet, and her second became Sir Walter of Lochton, knight.
Lord Newhall.
THE MINUTES OF THE
[1655
Jury in all matters questionable within the said Barrony,
viz., Wm. Haggeard, John Donaldsone, Adam Haggeard,
Robert Hamiltoune, John Lowry, Richeard Guttraw, James
Campbell, ab., Thomas Lambe, ab., Alex. Lowry, Abhm.
Smythe, Ede ffrenche, Andw. Nizbet, Wm. Haggeard,
Ed. Hamiltoune, James Lamb, ab.
The said fyfteen famous honest men compeired all person-
ally and gave thair aithes of verity for faithfuU and lawfull
administratioun of thair office in all matters questionable
and debateable to the best of thair knowledge In all tyme
comeing without favor or haitred. The qlk day also Andro
Giffen, John Donaldsone, Adam Haggeard, Robert Hamil-
toune, John Lowry, Richeard Guttraw, Henry Hopper,
Thomas Hamiltoune, Thomas Lambe, are elected and chosen
to be Bourlawmen. And with advyse and consent of William
Nizbet factor of the said Barony to desyde all matters
questionable and debaitable among neybors and to impose
Stent and publick Impositions and to desyde the samyn
equally and proportionally without partiality conforme ilke
anes severall possessioun, with powr to any twa of them with
the said William Nizbet fFactor forsaid to con vein, stent,
desyde and decerne efter mature deliberatioun.^
The qlk day John Smythe is elected Bourlaw Officer, his
aith defideli administratione officii.
The qlk day it is statute and ordained that na swyne be seen
in any Comoun of the town fra the tent day of May untill the
first day of the teynding ^ be past yeirly under the paine of
twentie shillings and that non of them be seine or found on
the Commouns or growing corne betwixt the said dyets under
the paine of foure pundes.
Also the haill tenants are ordained to be stented be the said
^ The inquest or jury of fifteen men and the bourlawmen were elected by the
judge himself ; the former to administer that office in all matters questionable
and debateable ; and the latter, under supervision of the factor, to settle ques-
tions among the neighbours and to impose stent and other public assessments.
^ This was the ingathering, by the owner of the teinds or tithes, of every
tenth sheaf of grain as it stood in the stook on the completion of harvest,
and before leading-in began. Tenants were not allowed to remove the crop
till the teind-sheaves were drawn, and, as a further protection, swine were to
be kept off the commons between the completion of sowing and the teinding
of the reaped harvest.
i655] BARON COURT OF STITCHILL 3
aught stent maisters for payment to Thomas Quhyte ^ of Ten
punds Scots for his relieffe at the handes of Andro Pringle
for tym cumeing of his wounds received be him at Dunbar
Battell being putt furthe for the haill Barrony and the officer
is ordained to poynd the recusants and dissobeyors propor-
tionably.
The ffourthe Court Barroun ^ hold en at Stitchell Kirke upon (2)
the twenty twa day of Marche jajvi'^ and fyfte fyve yeirs Be ' ^^' ' ^' ^^
the said William Nizbet in name of the said Robert Pringle,
Barroun of the said Barrony.
The qlk day Andro alias David Haggeart, is decerned Claims,
to pay to Thomas Pearsone in Nenthorne Burne Brae that
haill apprysed corne* awand claimed be him efter the deposi-
tioun of the Bourlawmen in Nenthorne for clearing or verifie-
ing theirof, and thairefter ordaines the officer to poynd and
make payment accordingly and assolzies the defender off* the
claim for eatten grasse.
Issobell Turnbull is decerned to pay to Edward Hogge for Fee.
fee awght punds three shillings with a paire of new hoasc or
tua elles of plaidin, becaus verified by his oathe.
William Hoggeart is decerned to pay to James Lam be
fyfty three shillings.
The qlk day James Wood, younger is decerned to pay to Claims.
Robert Hamilton qlk was arrested in his hands for his father
nyne punds ten shillings for apprised grasse with three
firlotts of oates and foure fulle of aits destroyed eatten be
^ Thomas Quhyte had been sent forth to the Scots army as the representative
of the whole barony. He, like the laird's uncle, Walter, who was holding this
court, had been present at the Battle of Dunbar on September 3, 1650, and had
been wounded. This payment would correspond in the present day to a
commuted pension for all time coming. Note the error, eight stentmasters
being mentioned, while nine were elected.
2 This court, over which the factor as commissioner of the baron presided,
was held at the parish church, the predecessor of the present building (1905).
It is called the fourth court, but was probably the second, as it is not likely that
other two courts were held between 8th January and 22nd March, which is the
date of this minute.
' Apprised corn was corn which, having been damaged by trespassing animals,
was now valued as to the loss incurred by its owner. Another claim, this time
for grass, eaten also by trespassers, had not been proved. Nenthorn is the
parish next to Stitchill,
4 THE MINUTES OF THE [1655
himselfe with uther thre fuUos of aits the pryse of the haill
corne be the Inquest is modified to be six punds sixteen
shillings.^
James Blaikie is decerned to pay to WiUiam Hoggearth
twentie foure punds confest by the defender.
Barbara Learmount is decerned to pay to Jon Lowry 41ib.
William Lowry is decerned to pay to Barbara Learmount,
confest 50s.
Blasphemy and Thomas Bowtoun, Eupheau Lambe, Margaret Muirehead,
scanda , 20s. George Smith, and Margaret Eliot are unlawed in ilke ane
twenty shillings Scots to be imployed ad pios iisos for blas-
phemy and scandall.
Andro Giffen is decerned to pay to Robert Talzeor nyne
punds sixteen shillings and assoilzies the defender of the rest
of the claime.
(3) The Set and Barroun Court holden at Stitchell Kirke
-i5. u^- I • ^jpojj i\^Q awghteen day of August 1655 yeare be William
Nisbet fFactor and Chamberlaind of the said Barroun and
having full power and commission fra the said Robert Pringle
of Stitchell Barroun foresaid for that effect.
The qlk day the haill tenants of the said barrouny being
called, compeared all personally.
Drunkenness, The qlk day the said ffactor and Judge takeing in his
serious consideratiouns the great disorders and abuse within
this Barrouny be excessive drunkenness, scandal, sensuality,
mocking of piety and such uther heynous and God-provoking
sinnes and offenses Thairfore conforme to ane Act of Parliament
made at Perth upon the 7th day of August 1645 years and
ratified be ane uther Act of Parliament of the dait the 13th ^
ffebruary 1649 yeares Doe statute enacte, and ordaine and
decerne that non within the Barrouny and Jurisdictioun drink
excessively nor be sensibly drunke nor known to be drunk
nor use filthy nor scurlus speiches and that non mock at
piety under the paine of Ten shillings Scots toties quoties.^
1 * Eatten be himselfe ' means that the oats had been eaten by his animals, in
addition to grass eaten by the animals belonging to his father.
2 The Acts of Parliament referred to are — 1645, c. 49 (vol. vi. pt. i. p. 458)
and 1649, c. 97 (ib. pt. ii. p. 174).
3 This minute is an example of the strictness of the morality insisted on under
ttC.
i655l BARON COURT OF STITCHILL 5
It is statute that non curse swear or blaspheme under the
paine of Ten shillings Scots toties quoties without modifi-
catioun.
The qhilk fynes and amerceaments and penaltyes is to Fines goto
be employed for their Table uses be the advyce of the Minister ^*'^ ^ssion.
and Members of Kirke-Session and by and attours thair
Kirkes cervice, and ordaines the said awght men to take
notice for observeing heirof.
The qlk day William Hogearth elder conforme to ane Act
of Kirke-Session produced is ordained to pay to the said
Session to be employed ad pios itsos Three punds Scots.
Issobell TurnbuU is ordained to pay ad pios usos for scold- Scolding,
ing 40s.
John Henreson is ordained to pay fourty shillings.
Margaret Muirehead is decerned to pay twenty shillings to
the Kirk Session to be imployed for the use of the poore
because the Act of the Kirk-Session was both instructed be
production of the Session Buikes and verified be the Elders,
thairfore the said ffactor ratifies and approves the said Act of
the Kirk-Session thairanent.
Crystan Scott is decerned to pay to Isobell Lowry and John claim.
Galbraith her spouse for his interest Twentyfour punds Scots
money becaus the said defender compeired judicially and con-
fessed the said claim. The Ground-maister being first payed.
The qlk day Andro EifFen is decerned to give and delyver
to William Hoggearth fyfe holies of sufficient beir Kelso-
measure unpayed of Twenty-ane Bolles conformed to his awin
subscrived tickett.
The Heid Barroun Court halden at Stitchell Kirke the 27th ^^ U)^
day of November jajvi^ and fyfty and fyve yeirs Be the said * "'^' ® *
William Nisbett ffactor haveing full power fra the said Right
worthy Robert Pringle of Stitchell Barroun for that effect.
The qlk day Eupheam Lambe, Isobell TurnbuU, and Janet slander ao^
Johnstone, are decerned to pay to the Kirke-Session ad pios
the Commonwealth. The minister was the Rev. David Stark, M.A. He con-
formed to Episcopacy after the Restoration, and continued until 1683. The
fines were to be devoted to the church for table uses— i.*. communion elements—
also for pious uses, and for the use of the poor. Delinquents had to thole the
censure of the church in addition to the payment of those fine*.
6
THE MINUTES OF THE
[1655
Schoolmaster.
Accounts.
Ale.
usos ilk ane twenty shillings for slander conforme to the Act
of the Kirke-Session and recommends the modification thair-
of to the members of the Kirke-Session.
Also that the haill tenants within the Barrony are decerned
to pay proportionally to James Lennox schoolmaster in
Stitchell Twenty shillings Scots money yeirly during his
service in tyme comeing at the Teirme of Mertimas and
authorises his Barroun officer to poynd and distreinzie the
failziers thairfor towards of payment being first terme and
byepast.
James Blaikie is decerned to pay to Robert Bromfield tailour
in Home ^ for grazing seventeen punds twa fulles beir and a
full of peise and ordaines Henry Hopper Robert Lillie and
Richard Gottraw to take tryall thairof In respect of the
defender present seikness and continues the reste of his claime
to the nixt Court.
James Blaikie is decerned to pay to John Lowry Ten punds
and fyve shillings and ordains James Donaldson and Adam
Hoggart for to heir all compts cleared betwixt the Defender
and Issobel Pringle and ordains the Defender to pay to quit
his awdit and finds that the said auditors are appoynted to
clear whither James Blaikie be awand to James Wilson,
merchant threttean punds Scots money conforme to his lybell
with a bolle of kylle-dryed peis and efter thair report decret
to be extracted against the defender.
Alexander Lowry is decerned to pay to Anna Brommfield
fourteen punds for aill confest be the Defender the ground-
maister being satisfied first, her being payed efter.
(s)
1656, June 19.
The stocks
for unproved
case.
The ffyte Barroun Court balden at Stitchell Kirke upon the
nynteen day of Junij jajvi*' and fyfty six yeirs forsaid be the said
William Nisbet fFactor in name of the said Robert Pringle
Barroun of the said Barrony.
The qlk day being ane Heid Court the haill tenants,
coatters in Stitchell being all called, compeared personally and
took Instruments. Agnes Blacke confest said Adam Lowry did
fell her hen and make use of it and could not sustaine the same
^ Home, three miles to the north-east of Stitchill, was united ecclesiastically
to Stitchill. It is pronounced Hume.
1656] BARON COURT OF STITCHILL 7
be probatioun or otherways, qrfore she is ordained to stand The Stocks.
in the Stockes and pay unlaw, by and attour the Kirke censure.
William Hoggearth is decerned to pay to Marioun Cossars Claim.
twalve punds sixteen shillings with a load of coalles efter just
compt and reckoning in presence of John Lowry and Richeard
Guttraw within fyfteen days next efter this Court.
The qlk day George ffrenche is decerned to pay to Agnes
Bairnesfather for fees aught punds Scots confest.
The Sixt Court Barroun halden by ye said fFactor in name (6)
of the said Laird and Barroun.
The qlk day Anna Clapertoune and Alexander Lowry re-
ferred and submitted themselves bothe to the Decreit Arbitrall
of Adam Hoggearth, Jon Donaldsoune, Robert Hamiltoune,
William Hogge, Arbiters, and William Nisbet, ffactor, Odsman,
anent claimes and matters questionable betwixt them.
James Blaikie is decerned to pay to Richeard Guttraw twenty Debt,
punds principall becaus called and not compearing is holden
as confest and the reality of the debt verified be witnesses.
James Donald sone confest he comitted accidentally in his Assault /lo.
own defence blood fistulo upon John Smythe, Bourlaw Officer,
and submits himself in the will of the judge qrfor he is un-
lawed in ten punds without modificatioun.
That blood aledged by the Pror. ffiscal to be comitted be chancellor
Issobell Turnbull upon Bessy Aitchiesons is referred to the °^ inquest.
Inquest and the Inquest being all inclosed did all in ane voyce
elect James Campbell, Chancellor of the said Inquest.
The said Chancellor and Inquest all in ane voyce without Assault ;^io.
variance or difference finds and decerns the said Issobell Turn-
bull to be guilty of committing the said blood accidentally,
but not by presumptioun nor certain knowledge qrfor the said
Issobell Turnbull is unlawed in ten punds without modificatioun.
Allisoune Hamiltoune and George Pattersoune her spouse
are absolved of that quey acclamed fra them be George
Hamiltoune hir father because the pursuers failzied in their
probatioun.
Ailisoune Hamiltoune and George Pattersone arc decerned
to pay to George Hamiltoune hir father, cleared be thislnijuest,
nyne punds.
8
THE MINUTES OF THE
[1656
(6 continued)
1656, Nov. 13.
Harvest fee
and Bountith,
Eaten come.
Auditors.
Kiln.
Pundler.
(7)
1657, Feb. 9.
Lady Stichill.
Claims.
The Sixt Barroun Court holden at Stitchell Kirke upon the
thretteen day of November jajvi'= and fyfty six years be ye
said fFactor in name of the said Barroun.
The qlk day James Blaikie is decerned to pay to Thomas
Ingles in Hume for harve.st fee, and Bounteth, fourteen
punds, twa fulls beir and halfte a full of peis, and contineues
extract qle Henre Hoggearth and Wm Scot heir the defender
of his just absence. The qlk day it is statute and ordained
that all eat ten corne be the neighbour or others be perse wed
within yeir and day after the date thairof with all expenses
bestowed in persewing thairof in tyme cumeing gif Justice be
not vaicand for the tyme or other way, persewers not to be
heard and all the expenses to be payed be the defender. The
qlk day John Lowry, Adam Hoggearth, and John Donaldsone,
are appointed to be auditors to the claimes given in be James
Wood against Robert Hamiltoune and James Blaikie and
others and they efter trew tryall to decerne against them
lyable and payable to the said persewer as if it were done
judicially within fyfteen dayes.
The qlk day William Hopper is decerned to pay to Thomas
Vair for fee sixteen punds qrof to be deduced for fyreing of
his Kylle in his drunkennesse six punds so reste ten punds.
John Donaldsone is decerned to pay to Issobell Turnbull fyve
full of oats or fyve punds for the pryce thairof. The qlk day
James Hall is elected Pundler 1 or Bourlaw Officer, who deponed
his aith de Jideli administratione officii and ilke lande in the
Nethertoune to pay to him yeirly a full of aits only.
Seventh Court Barroun holden at Stitchell Kirke upon the
nynt day of ffebruary 1657 yeirs be the said fFactor in name
of the Barroun foresaid.
The qlk day the haill persones lyable in payment of the
remains of the Castellwairds are decerned to pay conform to
the lybell given in be Robert Dickson servitor to the old
Laidy ^ and also these who are restand thair proportione of
fyfty foure punds are decerned to pay yr severall proportiones.
William Lowry is decerned to pay to Maissie Hunter
^ A distrainer or poinder.
2 This would be Katherine Hamilton, mother of Walter the Covenanter, and
grandmother to the laird Robert Pringle.
i647] BARON COURT OF STITCHILL 9
confest Slib. 16sh. William Nisbet is decerned to pay to
William Hoggearthe declaired be John Lowry elected be
5libs. Id. Andro Giffen is decerned to pay to George Cran-
stoune in Nenthorne of the superplus of twa horse fyve punds
4sh. verified by the mestres executioun with a dischairge for
fyfty merkes. William Hopper is decerned to pay to George
Smith for the pryce of foure holies of here confest twenty
punds. James Blaikie is decerned to pay to Mathew Thomp-
sone conform to his Bond sixteen punds. James ffairbaime
is decerned to pay to George ffrenche for hirding, thre punds
with a cloacker. Alisoune Hamiltoune and George Cossar
her husband are absolved of a fulle of bier expenses in going
out of Barrony with thre punds for a queys food Sumer and
Wintar with some of his meir acclaimed to him cleared be the
said Alisounes oathe. George Smithe is decerned to pay to
James ffairbairne 41ibs. James ffairbairne is decerned to pay
to George ffrenche for a yeirs maille of a house fourty
shillings with. . . .
Heid Court Barroun holden at Stitchell Kirke upon the (8)
eleventhe day of July jajvi*^ and fyfty and seaven yeirs, be the
said William Nisbet ffactor forsaid and in naime of the said
Robert Pringle Barroun above descrybed. The qlk day the
haill tenants and coatters being all lawfully wairned to this
Heid Court called and compeared and tuike Instruments of
thair compeirance.
The qlk day the said ffactor and Judge haveing heard the Assault ;^a 4.
clame and lybell given in by James Lennox, Pror. ffiscal of
this Court against George ffrenche and Tliomas Quhiggen-
shall his servant for blood committed be them upon others
the said George ffrenche compearing confest the commited
blood upon the said Thomas with his hande without any
militar weapons less or mair he being provoked thairto be the
said Thomas as was clearly understood be the said Judge,
thairfor the said George unlawed and amerciat in twentie UnUwed.
foure punds and the said Thomas called and not compear-
ing qrfore he is unlawed and amerciat in twelve punds for
blood wyte and wilfull absence.
The qlk day John and Thomas Henrysones are unlawed in
10
THE MINUTES OF THE
[1657
Riot
40s.
Grass maill.
Mill-stone
silver.
Holding
plough.
Eaten corn.
Fee.
Law Burrows.
fourty shillings for Ryot and straickes committed be thaim
upon Margaret Dicksone and the. said Margaret is amerciat
in twenty shillings for provoking them thairto. George
ffrenche is decerned to pay to Marke Urmestoune in Smail-
holme ^ confest be the defender twelve punds 13s. 4d. of peise
and the Bolle yrof.
Tlie qlk day James Wood now in Harlaw has willingly
enacted himselffe to compeare at next Barroun Court and
instance by the just pursuite of Robert Lillie smythe in
Stichill and bothe by the just decret thairof he being law-
fully wairned be the officer else to be holden as confest not-
withstanding he be moved out of the Barrouny.
George ffrenche is decerned to pay to James Wood in
Harlaw aught merkes for grass maill with twelve sh. and 8d.
for myllestane silver. Thomas Lambe is decerned to pay to
the said James Wood confest by himself foure merks. John
Welshe is decerned to pay to William Nisbet proven be wit-
nesses for holding of ye pleughe fourty shillings.
Adam Quhyte is decerned to pay to William Nisbet yearly
dureing that possessioun of that land possessed be him for a
soumes grass 40s.
James fFairbairne is decerned to pay to James Hamiltoune
proven be witnesses fyfty shillings.
William Hoggearth is decerned to pay to John Donald-
sone for his proportioun of eatten come twenty six shillings
8d. or the trew pay of a bolle of aits.
William Moffat is decerned to pay to James Alexander for
fee to his nephew foure punds 13s. 4d. with a pair of old hose
or 8d. for the pryce.
The qlk day George Hamiltoune is becum cautioner Sew-
ertye Law Burrows for Margaret Dicksone his just spouse that
John Henrysone his wife, Bairnes and others pertaining to
him that he be harmeless, skaithles of the said Margaret on
body gudes or name and the said John Henrysone is becum
acted and bunde that the said George his spouse and ye
* One of the many branches of the Pringle family had been long settled at
Smailholm, about five miles west of Stitchill, John Pringle of Smailholme,
youngest son of David Pringle, slain at Flodden, married Margaret, daughter
of Sir James Gordon of Stitchill and Lochinvar.
1658] BARON COURT OF STITCHILL 11
foresaids shal be harmles and skaithless of him or any of his
directly or indirectly in all tyme cuming utherwayes nor be
order of law and justice under the pane of twenty punds. It
is subscrybed George Hamiltoune. Tho Pearsone Noty. Pub.
Court Barroun holden at Stitch ill Kirke upon the thyrd day (9)
of October jajvi^ and fyfty seaven yeire be the said William 1657,001.3.
Nisbet fFactor in name of the said Ryt Worthy Robert
Pringle of Stitchell Barroun forsaid. The qlk day it is statute,
enacted and ordained that all these fyfteen men elected for
the Inquest be all personally present at ilke Barroun Court,
and that non of them be absent without a lawful excuse given
be them twelve hours befor Court under the paine of twelve
shillings for ilke failzier.
George ffrenche is judicially absolved of that persuit be Absolved.
Thomas Quhigginshaw for releiving him of any unlaw or
amerciament becaus Robert Lillie and Thomas Lambe, as
witnesses for baithe parties being sworne and examined de-
poned they never heard the said George ffrenche promise to due.
The qlk day Richard Guttraw is decerned to pay to John
Thompsone, wobster be oathe of the persewer 30s. Scots.
Issobell Turnbull is decerned to pay to William Turnbull Fee ^5. 10.
her manservant for bygane fee fyve punds lOsh. with a new
harden shirt.
The qlk day it is statute, enacted and ordained that all
persewers cause summoned and wairned the defenders within
this barrony the day befor the Court (unless they be strangers).
The qlk day Robert ffairbairne is elected ane of the Inquest
who gave his oathe dejideli administratione officii.
Heid Barroun Court halden at Stichill Kirke upon the 19 (10)
day of Jany 1658 be the said William Nizbet ffactor in »6s8, Jan. 19.
name of the said Robert Pringle, Barroun.
The qlk day the haill tenants and coatters within the
Barrony of Stitchill being all called and compeired personally
and tuike instruments of their compeiring.
The qlk day Andro Giffen is absolved of that twelve lib.
acclaimed fra him be William Hopper for eatten come becaus
the persewer failed next probatioun.
12
THE MINUTES OF THE
658
The qlk day the said Judge having heard the claim given in
be James Lowry against George Hamiltoune as Intromettor
with the guids and gear of the deceast Issobell Johnstoune for
Kayiie hens. the payment of 31ib. with 4 kayne hens for the maill of a coatt
hous for a yeire set be the persewer, and possest be her.
The claim being verified by Robert Aimer and Issobell fFall-
syde who deponed on thair aithes of the treuthe of the samyn
qrfore the Judge decerned the said persewer to be payed con-
forme to the claime with fyve shillings for ilk hen of the
Readyest of lier guids within this Barrouny, and ordained
to poynd and appryse the samyn and make the said persewer
to be completely payed of the said Coatt house maill and
kayne or pryce foresaid.
The qlk day Andro GifFen is decerned to pay to James
Eaten oats. Donaldsone eleven halffe fulles of eatten aits or 51ib. 10
shillings for the samyn.
Reffers that blood alledged committed be Ailison Arm-
strong upon Joannet Johnsoune to the Inquest.
Claims. The qlk day Adam Hoggeard is decerned to pay to Thomas
Hoggearth SOlib. at ane tyme and SOlib. at ane uther tyme
after Compt made befor John Donaldsoun and John Lowry
arbiters and Ro. Hamiltoune Oddsman within 15 days and
quhatsoever the arbiters decerns the persewers and de-
fenders are bund to obey and they have baith subscrybed
this judiciall submissioun with their hande. Se it is so sub-
scrybed,— Adam Hoggearth, Thomas Hoggearth.
The qlk day Andro alias David Hoggeard confest him to
be awand to the said Thomas Hoggearth 311ib. qrfor the
defender is decerned to conform to his awn confessioun.
Trespass. The qlk day it is statute and ordained that none goe to the
Mylle thro the Mainrigg quheit under the paine of 2 shillings
Scots to be payed be ilke qho contravenes, and collected by
John Lowry officer and to be employed ad pios usos. The
said Ailisoun Armstrong is convict be the Inquest in comitting
the said blood upon Joanet Johnsoune, qherefor she is unlawed
and amerciat in lOlib. Scots. And the said Joanet is Blood-
wyte and is unlawed in 41ib. in the mercy of the Judge.
Bioodwyte. The qlk day Mungo Wady and Joannet Weddel are decerned
Vicarage teinds. ^^ pay their proportionable pairts of the Vicarage for the
1658] BARON COURT OF STITCHILL 13
Vicarage Teinds ^ which their houses and lands awand unpaid
for all yeires be them and sikelike in tyme cumeing at the
sight of the 15 men of the Inquest.
Court Barroun holden at Stichill Kirke upon the penult day (n)
of January jajvi^ and fyfty aught yeires be the said William '^^^* ^^"' ^°'
Nizbet, Barroun-Bailzie in name of the said Robert Pringle
Barroun of the said Barony.
The qlk day these men of Inquest being all called, com-
peired personally.
The qlk day it is statute and ordained that ilke ricke house
within this Barony shall pay to Johne Underwood Beddell and Beadle.
to his successour for the ringing of the bell twelve pennyes Bell ringing.
yeirly betwixt Mertinmes and Yuille beginning now presently
and sua furthe yeirly in tyme cumeing. Also it is statute
enacted and ordained with consent of the Inquest that ilke
husband-land in this pariche shall pay yeirly to John Under-
wood Beddell and to his successors for ringing of the Great
Bell at foure houres in the morning and at awght at nyt dayle
half a pecke of aits. And the said Bellman is ordained to ring
the said Bell in the Sumar and Winter after dait hereof pun-
chewally and is to begin his payment the firste of Marche
next tearme 1658 and sua furthe in Marche yeirly be and
attour his werk penny ten shillings therewith.
The qlk day also ilke Craftsman within this Barony is de-
cerned to pay to the said Bellman and his successors yeirly for
ringing of the said Bell twa shillings Scots money by and
attour Stent of the land possessed by them.
The qlk day the haill tenants in the Nether town are de- Quarters to a
cerned to pay and stent proportionably to William Hopper ""*'^'^''
for quarters to an Coupural ^ seventeen merkes and ordained
the Barroun Officer to stent the samyn equally and poynd
therefor proportionably.
* These were the small teinds of calves, lint, hemp, eggs, etc., payable to the
vicar, as distinguished from the more valuable teinds of grain, payable to the
parson. Subsequent to the Reformation the vicarage teinds of Stitchill were
bestowed on the minister of the parish. See £ar/y History of StUckiH^
pp. 9-11.
' liere, a corporal, probably of the Sectarian army, was billeted apon the
villagers.
14
THE MINUTES OF THE
[1658
(12) Court Barroun holden at Stichill Kirke upon the nynteen
15. p" 19- ^g^y q£ Aprylle jajvi*' and fyfty awght yeires forsaid be the
said William Nizbet forsaid in name of the said Robert
Pringle.
The qlk day the said men of Inquest being all called com-
peired all personally.
Claims. The qlk day George ffrenche is decerned to pay to William
ffrenche for Service, resting of fee and Bountith confest foure
punds fyve shillings Scots. John Windrim is decerned to pay
to Robert Lilly smith 51ib. Scots compleit payment of ten
libs. James Hamiltoune fflescher is decerned to pay to James
Campbell in the My lie SOlibs. with 30 shillings of expenses
within fyftene days or else persewer to be in his first place as
they first agreed and gave the benefait of four fulles of aits
sowing. This soume at Mertinmes next to cum qrof there to
be deduced 28 shillings.
The qlk day Andro Giffen is decerned to pay to Issobell
Pringle confest 91ib. 10 shillings. The qlk day James
Donaldsone is assoilzied of ten merkes acclaimed fra him be
Issobell Turnbull for a wendow. James ffairbairne is de-
cerned to pay to Andro Giffen confest be the defender SOlibs.
(13)
1658, Nov. 23.
Beir.
Peats.
Interest,
Accounts.
Court Barroun holden at Stichill upon the twenty thyrd
day of November 1658 be the said William Nizbet ffactor
forsaid. Court lawfully fensed.
The qlk day the samen men of Inquest being all called,
compeired all personally.
Thomas Henryson is decerned to pay to Johne Brattisone
in ffallsydehill foure punds 40d. with halfe a pecke of Beir
for the pryce of a stacke of peits. The qlk day James Pres-
toune is decerned to pay to John Gottal confest 50 merkes,
with 30 shillings for the byegane annualrents thereof 181ibs
payable at Mertinmes last and fyfteen punds 6s. 8d. with the
said 30 shillings of annual rent at Candlemes jajvi*' and fyfty
nyne yeires.
Cirstan Scot called and not compeiring is decerned to pay
to the said John Guttraw efter juste Compte and reckoning 20
libs. James Prestoune is absolved of that claime persewed be
Richard Peatt be the defender his aithe. Andro alias David
i659] BARON COURT OF STITCHILL 15
Hoggeard is decerned to pay to Mark Wilson confest 151ib.
John Wood is decerned to pay to James Wilson confest 91ib.
4 shillings.
The qlk day it is statute, enacted and ordained that the Herdsmen.
haill tenants within this Barrony shall provyde themselves with
sufficient herdes for keiping of their Bestiall and saveing of
their corne in tyme cumeing, and that they fee or hyre no
herds but only those who are sufficient and able, and they are
to produce their herds at the first Bourlaw Courts yeirly to be
holden to be appro ven be the fyfteen men of the Inquest.
And ilke ane qho fee ane insufficient and unable herd to pay
51ib. The qlk day the haill tenants are to attend within this
Barrouny Court and have obliged and enacted themselves to
pay their haill rents unpaid for Mertinmes last 1658 yeires Rents and
and all their byegane dewties for their yairdes and lands pre-
ceding, awand and unpaid within 15 days under the pain of
poynding, and hereto they have willingly enacted themselves
judicially.
The qlk day it is statute and ordained that all the eaters of Eaters of corn,
corne be admonished to heir and see the samen apprysed be-
fore the apprysing heirof, and the eater efter the samen is
proven verified or confest is decerned to pay for the Bourlaw
Drinke. Thomas Pearsone Notar pub.
Court Barroun holden at Stitchell Kirke upon the nynt day (14)
of January jajvi*^ and fyfty nyne yeirs. Be the said William ^^^^' ^*"* ^'
Nizbet factor forsaid.
The qlk day the haill tenants and coatters within this Claims.
Barrony being all called at ane heid Court compeared all
personally.
The clames be John Thomsoun against Robert Hamiltoune
for nyne half fuUe of aits is continued to the nixt Court.
Alexander Wind rim couper in Stitchell is decerned to pay
to Thomas Ker Merchant in Kelso 36 punds Scots.
Andro GifFen is decerned to pay to James Campbell fyfly
shillings Scots in full of complete payment of the pryce of
Twenty BoUes of aits or any uther thing qlk any of them can
or may aske or clame fra uther for any caus or occasioun
begane.
16 THE MINUTES OF THE [1659
Andro Giffen is decerned to pay to Catherein Hamiltoune
Lady Stitchell eldest,^ for the agreed pryce of foure BoUes of
Beir confest fourty raerkes.
Lady Stitchiii. These tenants lyable in payment of Hoppers grass Maill to
the Laidy for byeganes confest are decerned conforme to the
claime.
Trespass. The qlk day it is statute, enacted and ordained that al
Beasts heirafter found or seene upon the cornes of the Craigs
Steills or Humly Knows betwixt the two gaits at the eist end
of the Over toune without a bird on the corne shall pay, ilke
nolt or horse two shillings Scots and ilke sheir without a bird
4d for ilke fault.
(15) Upon the . . . yeires be the Ryt Worthy Robert Pringle
of Stitchell Barroun for said Barrony first Court balden be
himself being present and William Nizbet factor forsaid.
The qlk day it is statute and ordained that non within the
Miller not to be Barrony sell their grinding cornes in the Mercat or uther ways
prejudiced. .^ prejudice of the possessor of Stitchell My line. But that
they bring their haill grinding corne for the use of their
families to the Mylle and pay Mylle dewties^ use and wont
therefor under the paine of fyve punds and that the said
Myller keip the said Mylne in guid order and do thankful!
service to the people theirby, by serving them under the like
paine.
The qlk day the Laird himself being personally present of
new agane as before nominated and elected the said William
Nizbet factor forsaid to be his Balive and to contineu in
administratioun of justice as before in the Lairds absence as if
he were personally present himselfe.
The qlk day it is statute and ordained that the possessors of
ilke six quarters of land in the Over toune shall keipe a suffi-
cient standing hirde yeirly and pay him proportionally, and
^ This is the aged dowager, grandmother of Robert Pringle the laird, and
mother of Walter the Covenanter. The designation ' eldest * would seem to
mean that now there was another Lady Stitchiii, wife of Robert the laird.
2 This minute deals with the vexed matter of thirlage. All the tenants of the
barony were bound or thirled to the barony mill. Corn was not allowed to be
sold out of the barony, unground, as thereby the miller would lose the duty
payable for grinding.
i659] BARON COURT OF STITCHILL 17
stent conform to their severall possessions under the paine of
fyve merkes for ilke failzie by and attour the performeing of
this Act.
The qlk day John fFrenche in Over Stitchell is decerned to
pay to Bessie Thomson his sister twentie foure punds Scots
conforme to his Bond and judicially confest be him, at three
termes to witt aught punds presently, awght punds at Mer-
tinmes nigher 1660 yeires, and uther awght punds in compleit
payment of the said haill soume by Mertinmes 1661.
Bessie Jamieson is decerned to pay to Johne Wilsone con-
fest be the defender three punds Scots and the defender is
judicially assoilzied of the rest of the claime in all tyme
comeing.
Continews that claime be Andro GifFen against Johne Win-
drim couper for twentie punds to the nixt Court becaus of the
Defenders absence. Thomas Pearson Notar Publict.
Court Barroun holden 17 February 1659 place forsaid, be (i6)
the said William Nizbet fFactor forsaid. Court lawfully '^59. Feb. 17.
fenced.
The qlk day WilHam Hopper in Stichill is decerned to obey Claim,
the Decreit Arbi trail to be pronnounced by the Arbiters already
chosen, Robeart Alexander, Croftar in Hume, and him and
Adam Hoggearth anent the claim persewed be the said Alex-
ander against the said William, and the said Arbiters are to
pronounce ther Sentence betwixt and the 5th day of Marche
next 1659, and ordains the ordnar officer of the Barrouny to
put the Decreit Arbitrall to execution against the said
defender.
David Hoggearth is decerned to pay to Isobel Charter- Harvest Fee,
house for harvest fee confest 71ib. ten shillings. *
David and William Hoggearth are decerned to pay to Mar- Fee and Boun-
garet Trottar for fee and Bountith confest 161ib. 10 shillings 1'^; **''" ^'**
with 3 ells and 3 quarters of liarden. Thomas Lambe is
decerned to pay to George Smyth confest 261ib. George Acquitted,
ffrenche is absolved of foure punds acclaimed be Jean Blacke
becaus she refuseth to depone.
The qlk day it is statute and ordained that all within this Ale sellers.
Barrouny lyable in payment to Isabel Pringlc or uther aill-
B
18 THE MINUTES OF THE [1659
sellers shall be decerned be the Bourlawmen if it be confest be
the pairty or verified be the persewer providing the claimes do
not exceed 50 shillings Scots.
Accounts. James Hamiltoune is decerned to pay to William Welche
for all bygane claimes or Compts qlk the said William can clanie
fra the defender preceiding the dait heirof 31ibs. 14 shillings
Scots. Thomas Pearsone Notar Public.
(T7)
1660, Jan. 28.
Held Barroun Court halden at Stichill Kirke upon the 28
January 1660 be the said William Nizbet fFactor in name of the
said Ryt Worthy Robert Pringle of Stitchill Barroun forsaid.
The qlk day the haill tenants and cottars within this Bar-
rouny all compeared personally and tuike Instruments of their
compeiring.
Assault, £q.o. The qlk day John Guttraw confest he committed blood upon
Richard Gothraw his younger brother being provoked swa to
do be the said Richeard wherefore he is unlawed and amerciat
in twenty punds Scots.
Bioodwyt.^io. And the said Richeard confest him to be guilty of Bloodwyt
wherefor he is unlawed in ten punds.
Claim. That clame be Andro Giffen against John Windrim Couper
for twenty punds is of new again as before continewed to the
next Court becaus of the Defenders absence.
Claim. Thomas Lambe is judicially decerned to pay to Robert
5 FuUe of Beir Lilly smy th in Stitchill aither 5 fulle of Beir or ten libs, for the
pryce therof with uther 30 shillings with 12 shillings of penalty
confest.
The qlk day Robert Lilly smith in Stitchell as the Cautioner
of James Lilly smythe in Sproustone his brother is judiciall
Lady Stitchill. decerned to pay to Kathrine Hamiltoune Lady Stitchell eldest,
confest and instructed be the Bond produced with the clame
501ibs. Scots money principal 1 awand of a greater soume with
the ordinar annual rent of the said fyfty punds for ane yeir
bygane with power to the said Defender Cautioner to persewe
the said principall for his reliefFe.
Cooper and Alexander Windrim couper is decerned to pay to Robert
"^' Lyllie smythe confest nyne punds ten shillings. The Land
and ground maister being first payed. Thomas Pearsone
Notar Public elk,
or T
1660] BARON COURT OF STITCHILL 19
The qlk day George ffrenche is decerned to pay to Margaret Claim,
flfairbairne relict of the deceast Thomas Hamiltoune in Over
Stitchell being referred to the aithe of the defender 191ib.
16 shillings.
William Hoggearth alias Hynde is decerned to pay as Cautioner.
Cautioner for Robert Gibesone in Lowest Gordoune to William
Nizbet ffactor to the Laird of Stitchel for his pryce of 6 fulle Bcir^^n per
of Beir at eleven punds the Boll 131bs. 4 shillings.
James Campbell is decerned to pay to Richeard Guttraw Claim,
confest for seaven halfe fulles of aits apprysed be the Bourlaw
men 41ib. 13sh.
The qlic day George ffrenche in Over Stitchill is judici- LadyStitchiii
ally decerned to pay to the Ryt Worthy Margaret Scot Lady ^^""^^"^
Stitchill younger lOOlibs. Scots money due to her for their
lands confest be him perteining to her in liferent for Martin-
mes last bypast 1659 yeires, together with the haill byegane
termes a wand by him to her for all yeires trysts and termes
bygane and sik lykes in tyme cumeing the tymes of payment
being first cum and by past.
Barroun Court holden at Stitchill Kirke upon the 26 Novem- (18)
ber 1660 yeires be the Right Worthy Robert Pringle of Stit-
chill Barroun and William Nizbet his Balive forsaid.
The qlk day Henry Hamiltoune in Queenscairn is judicially claim,
decerned and confirmed in his ane confessioun to pay to Alex-
ander Hogge in Home aither eleven halfe fulles of aits or
10 merks for the payment tlierof.
Andro alias David Haggeard is decerned to pay to Robert ^^^^ £^3 P^
Lillie smythe for the pryce of 11 halfe tulles of peis at 13 punds
the Bolle, 141ibs. 6 shillings or 36 shillings utherways etc.
The qlk day Mungo Wady in Over Stitchill is decerned Pay^^ent •<
conform to his ane confessioun to pay to George Bell thair,
181ib. 3 shillings at three tymes, to wit 6Iib. 1 shilling at
Yuille only to cum, and sua furthe at the tyme of Yuille
yeirly, till the compleit payment of the principal sowme
because of the Defender his present poverty and inability.
The qlk day James Lowry is decerned to pay Kathren
Hamiltoun in Sproustone confest 201ibs. at Yuille to cum,
the Laird being first paid.
THE MINUTES OF THE
[1660
Rent of house Alexander Windrim, couper is decerned to pay to Robert
^^' Dickesoun Domestic servitor to the Laird for the maill of a
hous 61ibs. That claime be Agnes Pattersone against Alex-
ander Lowry is continued to next Court.
Iron girthe;^6. 'Y\ie qlk day James Campbelle is judicially absolved to 6
libs for the alledged pryce of ane yron girthe for a mylle
Reclamed be James Wood in Ednam Mylle becaus the said
girthe was on the stain as a pairt of the myll graithe at his
removing without qlk girthe the myll was not sufficient in
operation sua that of necessity it lay on the myll a yeir efter
the said Defender his entry and the said persewer his deceast
father found ane yron girthe in the said myll at his first entry
thairto, sua he ought and should leave ane uther. Neverthe-
less the said persewer without cans appealed and required
Instruments.
Claims. Bessy Bell is decerned to pay to William Huteson upon the
aithe of the persewer 51ib. 18 shillings. John Dickesoun is
decerned to pay to Adam Quhyte upon the Defender his oathe
that he was awand no money to the persewer his deceast
daughter six libs.
Mungo Wady is decerned to pay to the said Adam Quhyte
41ibs. qlk he borrowed fra his deceast daughter be her father s
knowledge befor her decease. James Hamiltoune is decerned
to pay to the Lady of Green Knowe ^ confest 31 ib. 12 shillings.
The qlk day Bessie Bell relict of the deceast William Wilson
is judicially decerned to William Hopper aither twa Bolles
outfield aits or else 51ibs. ilk Boll therof.
The qlk day Janet Johnsoune and George Hope her spouse
for her interest are decerned to pay to Johne and Margaret
Dows Lawful Bairnes to the deceast John Dow in Nenthorn
and to ther tutors curators in ther name for ther behooves
51ibs. intromitted with and be her uplifted fra Robert Hamil-
toune, James Campbell and David Hoggeard wherefor the
said three persons are absolved of the samyn becaus the said
Joanet grantit the receipt therof fra them.
Assoilzied. John Guttraw is judicially assoilzied of 41ibs. acclamed fra
him be William Taillzier for land teilling becaus the said
^ Mother or wife of Walter the Covenanter,
i66i] BARON COURT OF STITCHILL 21
William failzied in probatioun. The qlk day Issobell Stevin-
son relict of the deceast James Donaldsone is decerned to pay
to Margaret Trotter her mother-in-law 91bs.
The qlk day the haill tenants within this Barrony of Stit- Schoolmaster
, , and Precentor.
chill agree to pay to James Lennox schoolmaster and precentor
in Stitchill 401ibs. Scots money proportionally amongst them,
ilk ane for ther a win pairts yeirly conforme to ther severall
possessiouns at twa teirmes of the yeir Mertinmes and Whitsun-
day for all teirmes to cum dureing his service and serving the
Cure of the said Kirke as a precentor and siclike for all yeires
and teirmes byegane restand awand and unpaid.
The qlk day the said Barroun takeing to his serious con- 1660, Nov. 26.
sideratioun how great a necessity Church Discypline of this Kirk"s<»sion. °
Paroch has of the assistance and concurrence of the Civil
Magistrat and helpe of his authority interponed thereto, and
how necessar the samyn is for the thryvening of religioune
within this Paroch, Thairfor the said Barroun heirby judicially
decernes and ordaines his ordnar officer of the Barroun to put
in execution all Acts and Sentences of the Kirke Sessioun
again all persouns whomsoever within this Barrouny and poynd
for all penalty and fynes to be imposed be them and take the
Extract of the Kirke Session their Act for his Warrand.
The qlk day the haill tenants within this Barony lyable Grass-rent and
and dew for payment of Grass maill and mylle-stain silver at stone-silver.
this term of Mertinmes instant 1660 yeirs are decerned to pay
the samyn proportionally for the said term and all the uther
yeirs and teirmes preceding restand awand and unpaid. The
qlk day the haill tenants within this Barrony who are awand
their Entreis money are ordained to pay the annual rent therof Kntry money,
for all yeires and teirmes bygane sen the daits of the severall
Bonds tlierfor ; and also of all bygane maills and dewties
restand awand and unpaid be them ilk ane for ther awn pairt.
The qlk day the said William Nyzbet fFactor and Balive Bailie,
forsaid is of new again commissiouned and auctorised be the
said Barroun judicially to continew Bailive in the Laird's
absence and to keip Courts as befor till he be discharged be
the said Laird. . .
Hcid Barroun Court holden at Stitchill Kirke upon the 1661. Jan. 8.
THE MINUTES OF THE
[1661
awght day of January jajvi'^ threscore ane yeires, be the said
William Nizbet Balive befor designed In name of the said
Right worthy Robert Pringle of Stitchill, Barroun.
The qlk day the haill tenants and Coatters within the
Barrony of Stitchill compeared all personally and tuike In-
struments of ther compeirance at said Court. The qlk day
compeired James Campbell in Stitchill personally and confest
judicially that he committed blood upon Thomas Hoggearth
00 ^y^^ ^ ^2- Jijs servant qrfor he is unlawed and amerciat in 241ibs. for
the said Blood and in ISlibs. for Blood wyte.
The qlk day also James Lambe younger in Over Stitchill
confest he committed Ryot and Straiks upon George fFrenche
yr, qrfor he is unlawed in five punds Scots, and ordained to
be put in the Stocks dureing the pleasure of the Laird and
Balive.
Assault £24,
Riot;^5 and
stocks.
Pease i2lb.
2S.
Teinds.
Anent Bread
for Bridals.
Brides not to
have their
Bridals outside
the Barony.
The qlk day Andro Giffen is judicially decerned conforme
to his ane confessioun to pay to James Campbell and Robert
Lillie for peis 12libs. 2 shillings Scots. The qlk day John
Hoggearth alias Calsyend is decerned to pay to William
Aitchison in Teinds confest awght punds.
William Moffat in Over Stitchill is ordained to pay to
George Nizbet for meill 91ibs. Scots. The qlk day the said
Judge and Balive talking to his serious consideratioun what
loss and prejudice the Possessor of the My lie of Stitchill
sustaines be the people of this Barrony who buyes their bread
for penny Bridells in the Mercat and does not grind the
Bridell quheit at the said Mylle sua that therby they are
partly unable to pay the tack dewties and yeirly rent for the
said Mylle used and wont, Therefor it is enacted and by these
presents statute and ordained that all Makers of Common
Bridells, also Aill Brewers, as uthers within this Barrony,
shall grind the haill quheit qlk they shall happen to make
use of at the said Brydell at the Mylle of Stitchill and pay
Mylle dewties therfor used and wont ; and that non within
this Barrony buy Bread in Mercat under the paine of Ten
punds for ilk failzie without modificatioun.
Also the same day it is statute and judicially decerned that
no Bryde dwelling within this Barrony at the tyme of her
1662] BARON COURT OP STlTCHllX 23
marriage shall make her Brydell out of this Parochin where-
soever the Bridegroom happen to dwell. But that the
Brydell be made and keiped within this Barrony in all tym
cumeing for the benefit of the Mylle dewties of the Malt and
quheit to the Possessor of the said Mylle under the paine of
Twentie punds; without lieving asked and granted of the
Laird and his successors. The qlk day Andro alias David
Hoggearth is judicially decerned to pay to Andro Watson
awght punds.
Ita est Attestor ego Thomas Pearsoune NotariiLS PMicus
elk.
Ane Heid Barroun Court halden at Stitchell Kirke upon ^^ (fo)
the twenty third day of August jajvi^ sixty and twa yeirs be ' ' *
the forsaid Robert Pringle of Stitchell Baroun forsaid.
The qlk day Robert Hoge in Over Stitchell, Cirstan Stot Contempt of
there and Margaret Muirehead there being all lawfully
wairned to this Barroun Court oft times called, and not com-
peiring, therfor they are ilk ane of them unlawed and amerciat
in fyve punds Scots money. The qlk day William Tailzieor Scolding 5
in Queenscairne is decerned to pay to the Kirke Treasurer to
be employed ad pios usos fyve merkes Scots for Nicholas
Wood her penalty for her former scolding and the like mis-
behaviour qlk was areisted in his hand as her debitor at the
instance of the Kirke Sessioun. And the said Nicolas has^aoandBanish-
enacted herselfe to live peaceably in all tyme cumeing under ^^"jj^^®""^"**
the paine of Twenty punds and Banishment furthe of this
Barrony.
The qlk day William Moffat is decerned to pay to George claim.
Smythe confest judicially be the defender sixteen punds
principal with three punds Scots for the byegane annual rent
thereof. The qlk day James Campbell is decerned to pay to
Thomas Hoggearth for byegane fees eleven punds foure Wages,
shillings, twa pairs of hose, a new shirt with a suite of old
cloathes at the sight of John Lowry, Robert Hamiltoune,
Adam Hoggearth, John Donaldsone, Andro Nisbet, and
continews the Extract heirof qle the Defender be heard be
them becaus of his present absence and to be decerneil be them
within fyfteen days.
24 THE MINUTES OF THE [1662
Portionerat William Moffat is decerned to pay to Jeremy Crottar
portioner at Home confest thre punds awght shillings.
Richeard fFairbaire is decerned to pay to Issobell Charterhous
for byegane fee ten punds Scots.
Breaking a Thomas Henrysone is ordained to pay to Robert Lillie
smyth confest 51ib. The qlk day James Thompesone is un-
lawed for breaking up of a locked door hrevi manu in 51ib.
And also to redeliver to Joanet Aitken aither a locke or 30
shillings for the worthe therof.
Contempt of The qlk day it is judicially statute and ordained that the
2s and personal haill indwellers within this Barony shall obey the Sentences
punis ment. ^^j Decreits to be pronounced be the Bourlawmen in tym
cumeing and that non oppose them neither be word nor deid
nor scold, raille, nor outcry against ther proceedings in tym
cumeing utherwyas nor be order of Law and justice under
the paine of fyve punds and personall punishment at the
Lairds pleasure the nixt Barroun Court nixt efter their
dissobedience.
Wages. The qlk day William Hoggearth is decerned to pay to
James Thompesone for fee, foure punds six shillings with thre
ells of linen or else ten shillings with a pair of new hose or
else twelve shillings.
William Tailzieour in Queenscairne is decerned to pay to
Johne Thompesone for fee confest Thre punds twelve shillings.
The qlk day William Hoggearth for Blood committed be
him upon Thomas Lowry is unlawed and amerciat in the
sowme of Twenty foure punds at the Lairds mercy.
Swine in corn The qlk day John Lowry, James Campbell, David Hoggeard,
Richeard Guttraw, John Guttraw, Robert Hamiltoune and
George ffrenche for keiping of swyne in Corne and Lint in
Summar contrair to former Acts of Court as was clearly under-
stood be the said Barroun are unlawed ilke ane of them in
foure punds Scots.
Ita est Attestor ego Tho. Pearsone, Notarius Puhlicus elk.
(21) Ane Barroun Court halden at Stitchell Kirke upon the
1662, Oct. 12. twelft day of October jajvi^ and sixty twa yeires be the Right
Worthy Robert Pringle of Stitchell Barroun foresaid.
The qlk day Andre alias David Hoggearth, younger, is
1663] BARON COURT OF STITCHILL 25
decerned to pay to Issobell Thomson as Cautioner for Mark
Dods in Mellerstains nyne punds six shillings and continew the
Extract heirof till the said David be heard befor John Lowry
and John Donaldsone.
Adam and William Haggearth and Thomas Mylle are judici-
ally decerned to pay to Andro GifFen for eaten corne aughteen
shillings Scots for ilke 20 sheir of a hundred and forty sheir
extending to six punds ilk ane for ther awn pairts proportion-
ally conform to the number of their sheir, 41ibs. lOsh.
Richeard fFairbairne is judicially decerned to pay to Bessie Bell
for eaten aits 41ibs. lOsh.
The qlk day the said Barroun did judicially assoilzie and
absolve Robert Hopper herd for ane cow perteining to Adam
Hamiltoune aledged to be killed be him becaus the said cow
was drawn out of a dytch that same nyt wherein the said
Adam aledgeth the said herd bracke hir backe, as was made clear
appears to the said Barron wherfor the said herd is quyte fre
of the said blame forever.
The qlk day Adam Hamiltoune for hvdeinff and conceiline of Concealing
,. -li -J . II- 1 jj • r ' unteindedcom
nis cornes in the yaird unteynded is unlawed and amerciat m ^20.
the sowme of 201ibs. Scots money at the Laird his mercy.
The qlk day it is statute, enacted and ordained that none Actanentun-
within this Barrony lead any of their cornes unteynded nor
remove the samyn fra the ground where it grows unteynded,
nor hide nor conceal the samyn but that it be told and
teynded yeirly in all tym cumeing under the paine of lOlibs.
Scots money by and attour the said Teynd.
The qlk day all within this Barrony awand to Issobell Ale to be paid
Pringlefor aill are ordained to make payment to her therof J^" °^ ""*^'"^
after the samyn is aither confest be the said Debitor or
verified and made appeare be her in presence of the Bourlaw
Court within 48 houres therof under the payne of poynding,
provyding her clame do not exceid three punds Scots.
Barroun Court holden at Stitchell Kirke upon the third day (^)
of January jaj vi° tlire score and thre yeires, Be the said Robert
Pringle Barroun forsaid.
The qlk day the haill tenants within this Barony who are K«th*rine
awand to Katherein Hamiltoune Lady Stitchell eldest the L^dy SutcbelL
26
THE MINUTES OF THE
[1663
Margaret Scot,
Lady Stitchell.
Again.
Weaver.
Smith's Fees.
pryce of their ferme Beir dew be them aither for the yeir or
crop 1661 yeirs and as yet unpaid are ordained to pay the
samyn to John Lowry as her fFactor for her use and behove
within fyfteen dayes under the paine of poynding. Lykeas
they are judicially decerned to pay to her ilke ane for their
ane pairts their grass-mailles dew to her unpayed for crop 1662
yeirs and what they are rightly aw and to her and as yet
unpayed for all uther yeires and teirmes preceiding efter nixt
Court and reckoning.
The qlk day George ffrenche in Over Stitchell is judicially
decerned to pay to Margaret Scot Lady Stitchell, younger, his
Maille Teinds, tackes and dewes unpayed for crop 1662 yeirs
and for all uther yeirs and crops preceiding as yet unpayed by
him to her.
The qlk day Jane Guttraw, Robert Hamiltoune, and Alex-
ander Hoggarth are judicially decerned to pay to Margaret
Scot, Laidy Stitchell younger their haill mailles, teinds and
tacke-dewties dew by any of them to her for the cropt and
yeir of God 1662 yeirs and for all these yeirs cropts and teinds
preceding.
The qlk day James Thompson Wobster in Stitchill is
decerned to pay restore and redelyver backe againe to the
executors of the deceast Andro Essten in Runningburn ane
Gray Wobe taken wrongously be him brevi manu fra the
Waulker, they paying to him at their receipt therof twenty
ane shillings awght pennies disbursed be him for the samyn to
the Waulker.
The qlk day it is judicially statute and enacted and ordained
that the owner and maister of ilke pleuche within this Barony
shall pay yeirly to John and Robert Lillie, smythes in Stitchell
for their sharpeing-corne ^ and in lieu and place therof, ane
stoucke of sufficient outfield aits sicke as grown in ther ground
yeirly for ilke husband-land plewed be them whether of their
awn or hyred lands fra them with power to the fewars to seeke
ther releisse and make ther agreement for the hyred land swa
^ Sharping corn was the price paid to the blacksmith by each owner of a plough
for sharpening the ploughshare and the sickles for cutting the corn. In this
case the price was one stook of outfield oats for each husbandman.
1663] BARON COURT OF STITCHILL 27
plewed be them for ther releiffe fra the awners therof propor-
tionally.
The qlk day William Hoggearth younger is decerned to pay
to Richeard Guttraw twelv punds Scots viz., six punds therof
at Witsonday 1663 and other six punds at Witsonday 1664.
Ita est Attestor ego Thomas Pearsone Notarius Publicus
elk.
Heid Barroun Court holden at Stitchell Kirke upon the (23)
seaventein day of January jajvi*^ thre scors and thre yeires be
the befor designed Robert Pringle of Stitchell himself.
The qlk day the haill tenants within this Barrony of
Stitchell compeired all personally and tuike Instruments of
ther compeirance.
The qlk day Johne Crottar servant is ordained to enter to Broken engage-
Johne Stevisone in Humebyres his maisters service or els
to pay to his said Maister fyve punds for fee, twelve shillings
for shoes, and twenty foure for new hose.
The qlk day Patrick and Alexander GifFen lawful sons to A Father's
the deceast Andro GifFen in Rinenburne are decerned as Intro-
mettors with ther deceast fathers guids to pay to James
Thomsone Wobster in Stitchell thretty six punds Scots at
thre tymes, viz. twelv punds therof at Mertinmas nigh to cum
in this present yeir of God 1663 yeires, and twelv punds at
Witsunday 1664 yeires and uther twelv punds in compleit
payment of the said haill sowme at Mertinmes nixt therafter
1664 yeires.
The qlk day the haill tenants within this Barony who are Rents and
a wand their maill, fermes, and dewty for the cropt of yeires
1662 and for all uther yeires and cropts preceiding com-
peired all judicially and enacted and obleist themselves
to make payment therof within fyftein days and are de-
cerned conform to ther ane confessioun to make payment
therof.
The qlk day James Wilson merchand in Stitchell is judici- A claim for
ally decerned to pay to Johne Lowry younger for a swyne
killed be him twa merkes and assoilzied fra the rest of the
claime. k. _i *.
... No swine after
T he qlk day the said Barron takcnig into his serious con- May 15.
S8
THE MINUTES OP THE
[1663
sideratioun what great skaithe and damage this Barrony hath
sustained these diverse yeires byegane be destroying of ther
corne be keiping of swyne in the Summar tyme, Thairffoir it
is now statute and ordained with advyce and consent of the
famous men of the Inquest that no person whatsumever within
this Barrony shall keip ane swyne efter the fyftein day of May
untill the first teynding day yeirly in all tyme cumeing under
the paine of awght punds Scots money to be payed be ilke
transgressor and contravener of this Act without modifi-
catioun.
(24)
1663, Dec. 3.
Straike and
Riot.
Arbitration
anent a mare.
Maills and
Stent duties.
Ferme Beir.
Grass-maill.
Ane uther Court holden at Stitchell Kirke upon the threid
day of December be the said Right Worthy Robert Pringle of
Stitchell Barroun.
The qlk day John Lowry confest judicially that he
comitted Straike and Ryot upon James Campbell wherfor
he is unlawed and amerciat in the sowme of Ten punds Scots
money.
Thomas Henrisone Tailzieour is decerned to pay to Robert
liillie smythe confest be the Defender fyve punds. The qlk
day Johne Stevisone in Humebyres judicially elected Robert
Hamiltoune, and Adam Hoggarth to be Arbitors for him ;
and John Lamb and Andro Watson nominat Henry Hamil-
toune and James Campbell for them, anent the difference of a
Meir bought be the said Johne fra them with warrandice ther-
of and in case of variance betwixt the said Arbitors John
Lowry is elected Odsman and both parties are decerned to
obey their Decreit Arbitrall.
The qlk day the haill tenants of this Barrony are judicially
decerned and ordained to pay their said Mailles and Stent-
dewties within Mertimas last bypast and sickelyke of their
haill Mailles and Termes awand be ilke ane of them pro-
portionally ilke ane for their awn pairtes and for all uther
yeires Cropts and yeires preceiding restand awand and un-
payed.
The qlk day the haill tenants and possessors of the auld
Lady her lyferent-lands are decerned to pay to her ... of
her ferme Beir befFor the Cropt and yeir 1662, and their grass-
maill dewty to her for the yeire and cropt 1663.
1663] BARON COURT OF STITCHILL 29
Another Barroun Court holden within Stitchell Place ^ upon (25)
the 26 day of December forsaid 1663 yeires Be the said
Robert Pringle of Stitchell Barroun forsaid.
The qlk day the said Barron haveing heard the clame and
lybell given in by the Procurator ffiscal of this Barroun Court
against Andro Hoggeard for blood coniitted be him upon Blood.
Alexander Lowry in Queenscairne,^ The said Andro compeared
judicially and denyed the said blood. It was, in place of all
further probatioun referred to his aithe of verity and the said
Defender refused to depone, wherfor he is holden as confest Oath of Verity
and unlawed and amerciat in the sowme of fyfty punds at the ^^ ^^
Laird's mercy. Anent the said Blood-wyte bothe the pairties Bioodwyte.
denyed the samyn wherfor the said Barroun referred the
samyn to ane Inquest. So being all sworn and judicially
elected, Johne Donaldsoune is Chancellor therof, and the said
Chancellor and Inquest all in ane voyce finds the said Alex-
ander Lowry to be guilty of the said Blood-wyte becaus the
said Andro first bedded the Kylle and the said Alexander
offered to stopt him and dispossess him and his rowme^ at his
awn hand brevi manu wherfor the said Barroun unlawed and
amerciat the said Alexander for the said Blood-wyte in the
sowme of twenty fyve punds.
The qlk day the said Andro Hoggeard found Robert Law Burrows.
Hamiltoune in Stitchell, Caution, Surety and Law Burrows
for him ; and the said Alexander found James Campbell
1 Stitchill Place was the designation of the mansionhouse where this Court
was being held, instead of the church as heretofore.
^ Queenscairne is a farm upon Stitchill estate. It seems to have been a
dower-house at which old Lady Stitchell was residing. William Veitch, the noted
Covenanting preacher, was concealed there when the dragoons were actually
searching the i)lace for him after the conventicle at Lauder Moor. The name
is thought traditionally to have been derived from the fact that the queen of
James ii. was residing at the place with her son when the news was brought to
her that her husband, the king, had been killed at the siege of Roxburgh Castle,
a few miles distant.
' This was one of the many petty annoyances inseparable from thirlage.
Each person bringing corn to be ground had to stand his rowme, i.e. wail his
turn at the mill. There was, of course, opportunity here for favouritism,
bullying, etc. The servant of the miller had much in his power also, according
to the amount of knaveship given to him. This was his allowance out of each
one's sack of corn.
30
THE MINUTES OF THE
[1663
Caution for him that they and theirs shall be harmless and
skaithless of uthers in all tym comeing, otherways by order of
law and justice, and the principals are bound to releeve ther
Cautioners. Thos. Pearsone, Notar Pub. elk.
The qlk day George fFrenche is judicially decerned to pay
Margaret Lady to Margaret Scot Laidy Stitchell elder, ane hundredth punds
Maiils. Scots money for the Maill of these her lyferent lands confest
be him for the Teirme of Mertimas last bypast 1663 yeires
within fyfteen days nixt efter he be charged therto Together
with thretten Bolles of Beir and thretten Bolls of aits meill of
the quantity and quality conteined in his Tack at Candlemas
nigh to cum in anno 1664 for the yeire and cropt 1663
yeires.
(26)
1664, Jan. 4.
Assault.
Bloodwyte.
Guilty.
Ane uther Barroun Court halden at Stitchell Place within
the Gairden upon the fourthe day of January 1664 yeires, be
the said Robert Pringle of Stitchell, Barroun foresaid.
Curia legittime affirmata.
The qlk day the said Barroun haveing heard the clame and
lybell given in be the Procurator ffiscall of this Court upon
Edward Stevisone in Humebyres for Blood alledged comitted
be him upon John Donaldsone in Nether Stitchell, the said
Edward compeared personally and denyed judicially the said
Blood.
The said Johne Donaldsone also compeared and confest
Blood-wyte be first casting a cup at the said Edward and
becaus the said Edward denyed the said Blood theirfor the
said Barroun referred the samyn to the knawledg of ane
Inquest.
Inquisitio : — Robert Hamiltoune, Adam Haggeard, James
Campbell, Andro Nizbet, Richeard Guttraw, George fFrenche,
George Smythe, Robert Tailzieour, Robert Hogge, William
Watsone, Henry Hamiltoune, John Guttraw, Thomas Lambe,
John Smythe, Richeard fFairbairne.
The saids famous men of Inquest efter they were all solemnly
sworne being all inclosed nominate and elected the said
James Campbell as Chancellor of the said Inquest who all in
ane voyce efter mature deliberatioun tryall and examinatioun
finds and declares John Stevisone in Humebyres lawful brother
i664] BARON COURT OF STITCHILL 31
to the said Edward to have comitted the said Blood upon the
said John Donaldsone Theirfor the said Judge and Barroun
conform to the said Act and conviction, unlawed and amerciat
the said Johne Stevisone in the sowme of fyfty punds at the Blood ^^50.
Lairds mercy. And the said John Donaldsone for Blood-wyte
in twentyfyve punds and the said Edward for a Ryot and Bioodwyte ;^25.
Straicks in fy ve punds Scots. ^'°^ ^=>-
The qlk day Robert Lillie, smythe in Stitchell and Alex-
ander Ceddy are fand both guilty of Straicks and Ryot ilke
ane upon uthers, theirfor they are unlawed, in ilke ane fyveRiot;^5.
punds Scots.
The qlk day John Guttraw for his violent intromissions and
his illegal possessioun of a housse possessed be James Lowry illegal pos-
is unlawed in fyve punds and ordained to repossess the said
James Lowry therto aye and til he be lawfully removed and
legally ejected.
The qlk day Issobell Stevisone relict of the deceast Richeard Claim.
Guttraw younger, and James Lowry as her present spouse,
for his interest are decerned to give John Guttraw as uncle
on the fathers syde Tutor Administrator to Richeard Guttraw
his nephew and pupill sufficient moveables and pennyworthe
for twa hundredth and fourty merkes Scots money and the
said Johne is ordained to accept of the said Moveables and
give Bond of Security to his said nepphew therfor, and dis-
charges the said Issobell and her said spouse for his interest
therof and the said Moveables are to be apprysed beffour
neutrall men being twa for ilke pairty.
The qlk day James Lowry became Cautioner, Surety and Lawburrows.
Law Burrows for the said Edward Thomsone that the said
John Donaldsone and his shall be harmless and skaithless
of him and his in tym cumeing otherways be order of law and
justice under the pane of fyfty punds; and the said Principall
has willingly obliged and enacted himselfe for releifFe of the
said Cautioner sic subscribitur Edward Thomsone.
The qlk day John Lowry Barroun Officer is decerned pre- Boundary,
sently by Court to take the Bourlawmen with him and clear
that ditch-reach on the gait betwixt the lands possest be George
ffrenche and James Campbell and to regulate the passage therof
in all tym cumeing. Thomas Pearsone Notar Pub. cler.
32
THE MINUTES OF THE
1664
(27)
1664, Ap. 28.
Servant's Fee,
Decreit to
Walter Pringle.
Margaret Lady
Stitchill.
Katharine
Lady Stitchell.
Silver- and
grass-maills.
Apprysing of
Eaten corn.
Ane iitlier Barroun Court halden be the beffor designed
Robert Pringle of Stitchell Barroun upon the twenty awght
day of Apprylle 1664 yeires. The qlk day Issobell Stevison
relict of the deceast Richeard Gottraw younger and James
Lowry now her present spouse for his interest are decerned to
pay to . . . Davidsone her lait servant for his fee confest be
the said Defenders 211ib.
The qlk day John Guttraw, Robert Hamiltoune, and Adam
Haggeard are decerned to pay to Walter Pringle secund law-
full brother to the Laird, as assignee, constitute be Margaret
Scot Laidy Stitchell younger^ his mother, ther haill Maills and
fermes dew be them to her for her lyferent lands and possest
be them ilke ane for ther awn pairtes for the teirme of
Candlemas lait bypast 1664 yeires instant.
And the said Margaret Scot her haill uther tenants and
possessors of her said lyferent lands are judicially decerned to
pay to her ther haill Mailles and fermes for the said Teirme of'
Candlemas last bypast restand awand and unpayed ilke ane
for ther awn pairtes.
The qlk day the haill tenants and possessors of these lands
perteining in lyferent to Katherein Hamiltoune Laidy Stitchell
eldest, are decerned to make payment to her of ther silver
Mailles and grasse-Mailles restand awand and unpayed be
them for the cropt and yeir of God 1663 yeirs last bypast;
and also of ther haill Maills, fermes, kaynes, and yeirly dewtie
dew to her for all uther yeirs and Teirmes preceiding ilke ane
for ther awn pairtes.
Ita est Attestor ego Tho. Pearsone Notar. Pub. cler.
The qlk day the said Judge and Barroun takeing to his
serious consideratioun that diverse and sundry persouns within
this Barrony are persewed beffor this Barroun Court for cornes
eatten be ther Bestialls and apprysed be their knowledge for
remeid whereof it is statute and ordained that all eatters of
1 This lady was the widow of John Pringle (father of Robert the laird), who
himself had not lived to succeed his father. She had two sons, Robert, the
present laird, and Walter, junior, later of Graycrook, advocate, mentioned by
Wodrow as ably pleading for the Covenanters taken after the Battle of Bothwell
Bridge in 1679. Katherine Hamilton, the eldest Lady Stitchill of all, was still
living, as is evident from the next paragraph but one.
i664] BARON COURT OF STITCHILL S3
corne be first wairned befFor the samyn be urged be the
Barroun officer or Bourlaw officer and see it apprysed qlk
wairning being made beffor witnesses the said apprysing shall
be sustained whether the Defender compeir to heir or see the
said apprysing or not.
Also it is statute and ordained that all eat ten corne be
apprysed in tyme cumeing be twa Bourlawmen only.
The qlk day James Lennox schoolmaster called and not Schoolmaster's
compeiring is decerned to pay to Andro Nizbet in Stitchell
Mylle for a yeires Mailles and Teinds of a Coatt house fyve
punds Scots with thre kayne hens or else five shillings for ilke Kaynehcns.
undelivered hen and contineus the Extract heirof for ten days
till the Defender be heard be the Laird if he have anything to
object becaus of his present absence.
The qlk day John Guttraw is judicially absolved quyte and Absolved,
freed of those six ewes and six lambes persewed be Issobell
Stevisone, and also of the interest money for thre quarters of
ane Husbandland because he produced a Discharge ther for to
him be the deceast Richeard Guttraw younger his brother
and her umqhile husband befFor his decease. Tho. Pearsone
Notar. Public, cler.
Ane uther Barroun Court halden at Stitchell Kirke upon (28)
the nynteen day of November jajvi*' thre scoir and foure yeires '^■*' ^°^' '9-
be the beffor designed Robert Pringle of Stitchell Barroun
forsaid.
The qlk day the said Judge and Barroun takeing to his Act supporting
serious consideratioun how necessar it is for advanceing the ^^^n^*^
glory of God the cherisheing and nourisheing of piety and
vertew within this parochin and for punisheing of vice for
incouragement to weill doers and for terror to all those who
inclyne to doe evil! within this Parochin. That the Ministers,
Elders and Kirke Sessioune have the concun'encc and assist-
ance of the Civil Magistrat for corroborating of ther Acts to
be made be the said Kirke Sessioun and his auctority inter-
poned therto that sicke persons as shal be convict be them
may heirefter stand in aw to doe evill. Theirfor the said
Barroun has judicially statute and ordained that the Barroun
Officer of this Barrony and his successors in the said Office
c
34 THE MINUTES OF THE [1664
shal put to full executioun be law all Acts of the Kirke
Sessioun against all persouns convict be them and to caus
payment of the penaltyes imposed be them to be made and to
poynd, arrest and use all legal executioun therefor and to take
the Extract of the Kirke Sessioun for his Warrand becaus
there was a desyre and lybell given in be Maister David
Starke Minister at Stitchell for that Office, qlk desyre the
Barroun thought reasonable.
Brewer. The qlk day John Guttraw ex consensu rei is decerned to
pay to Issobell Pringle, Brewer nyne punds ten shillings.
Crooked horse. The qlk day George ffrenche is absolved, assoilzied and
judicially quyte of payment often merkes acclamed be Robert
Lillie as Caution for Johne ffrenche his brother for cureing
of a cruiked horse becaus the said Robert to depone reserve-
ing actioun to the persewer to persew the Principall.
Negligence ;^5. The qlk day Johne Hamiltoune for his negligent intromis-
sioun with Agnes Cottersone her comes and away takeing of
the samyn from the field instead of and in place of his awn
is unlawed and amerciat in fyve punds Scots.
Contempt ^lo. The qlk day James Prestoune being lawfully wairned not
compeiring is decerned to pay to John Lillie Ten punds.
Eaten corn. Patricke Giffen, James Lambe, and Johne Haggeard are
decerned to pay to Johne Donaldsone proportionally con-
forme to ther possessioune seaven halfe fulles of aits eatten
be ther Bestiall or else fyve merkes for the pryce of the Bolle
therof.
Carriage of The qlk day James Lowryes (eister and wester) and James
^°° ^ Lambe are all three decerned to pay ilke ane of them for
bygane Cairiages to Katherein Hamiltoune Laidy Stitchell
eldest 81ib.
Katharine The qlk day the haill tenants and possessours of the said
^ ^ ^ ^ • Katharein her lyferent lands are decerned to pay to her ther
haill Mailles,fermes, kaynes and Cairiages^ dew be them to her
at Mertimas instant 1664 yeires and also for all uther yeires
preceiding restand awand and unpayed.
Byegone duties, The qlk day the haill tenants within this Barrony are all
1 These are examples of three forms of payment, viz. : Rents in money,
fowls as rent, and several carryings of coals or other burdens as service.
i665] BARON COURT OF STITCHILL 35
judicially decerned and ordained to make payment of ther
haill Mailles, fermes, kaynes, cairaiges and grass-mailles dew
by ilke ane of them for ther awn pairtes conforme to ther
severall possessiouns forallyeires and Teirmes byegane restand
awand and unpayed within fyfteen days nixt efter they be
chairged therto under the paine of poynding.
The qlk day George ffrenche and Thomas Lambe obleist Lawburrows.
and inacted themselves judicially that non of them shall
trouble or molest each other in tym cumeing in body, guids
or name be word or deid utherways nor be order of Law and
Justice under the paine of Twenty punds Scots money for ilke
failzie.
The qlk day it is judicially statute and ordained that no The Laird's
person within this Barrony presume nor tacke upon themselves ^'" ^'
to leid, collect, or away take any of his Stocks of corne or
grass from wher it grows till the Laird his Teynds be first
collected and fully away taken both in the Nether town and
Barrony Except be particular liberty fra the Laird himself.
The qlk day John Lowry Barroun Officer is ordained to Riot,
conveine and bring before the Laird within awght days nixt
efter the dait heirof Robert and John Lillie and Margaret
Dickesoun and ther witnesses for cleareing of that Ryot and
Differences betwixt them under the paine of fourty shillings
Scots for ilke absence.
The qlk day Matthew Thompesone for Deforcement given Deforcement
be him both to the Barroun Officer and the Bourlawmen is ^^'
unlawed in 51ib. And it is statute and ordained that non
within this Barrony giffe Deforcement neither to the Barroun
Officer nor Bourlawmen nor Bourlaw Officer in tym cumeing
under the lyke paine of fyve pund Scots without modifica-
tioun for ilke Deforcement.
Ane uther Barroun Court halden at Stitchell Kirke upon (39)
the 20th day of Apprylle 1665 be the beffor designed Ryt '^5. April ao.
Worthy Robert Pringle of Stitchell Barroun forsaid him-
selfe.
The (|lk day the haill tenants and Coattcrs within the
Barrony of Stitchell compeired all personally and took
Instruments of ther Judiciall apeiring.
36
THE MINUTES OF THE
[1665
Lady Stitchill
younger.
Riot £:
Kayne hens.
Bringing home
coals.
Margaret Scot
Lady Stitchell.
Claim.
Multure ab-
stracted £s-
The qlk day John Guttraw is decerned e^r consensu rei to
Walter Pringle as Assigney lawfully constitute be the Laidy
Stitchell younger his mother for Candlemas last by past 1665
instant fyfty punds.
The qlk day James Wilsone for Straickes and Ryot
comitted be him upone James Cranstoune his brother-in-law
is unlawed and amerciat in fyve punds.
The qlk day Mr. Robert Hopper is found to be dew and
decerned to pay to the Kaynes of Sweethope for crop 1664
six hens. Also Johne Donaldsone is decerned to pay the
twa pairtes of those kayne foulls dew for the land possest
be Issobell Stevisone for the said cropt 1664 and the
said Issobell Stevisone herselfe the third pairt therof Becaus
the haill moveables are swa pairted betwixt her and the
Minister.
The qlk day it is statute and ordained that all within this
Barrony who bring not in ther proportioun of coalles befFor
Lambes yeirly (being foure tymes lawfully wairned be the
Barroun Officer for that effect) shall efter the said Teirme of
Lambes als weill buy them upon ther awn expenses as bring
them home yeirly in all tym cumeing.
The qlk day the haill tenants and possessors of these lands
pertaining to Margaret Scot Laidy Stitchell younger in
Lyferent are decerned to pay ther haill Mailles fermes and
dewty as dew be them ilke ane for ther awn pairtes for the
Teirme of Candlemas 1665 last bypast.
The qlk day John Woode is decerned ex consensu rei to pay
Johne Aitken fourteen punds twelv shillings.
The qlk day Patrick GifFen is decerned to pay to Andro
Nisbet eoc consensu rei viii lib. 6 shillings.
The said Patrick GifFen is also decerned to pay to Robert
Lillie smythe for Smydye werke Ten punds 12 shillings 5d.
The qlk day George fFrenche confest he abstracted his
multures fra Stitchell Mylle to the prejudice of the possessor
therof contrair to former Acts of this Barroun Court wherfor
he is unlawed and amerciat in fyve punds and to pay to Andro
Nizbet Double Multure for a fulle of malt confest befor
be him.
The qlk day it is judicially statute and ordained that non
i665] BARON COURT OF STITCHILL 37
within this Barrony abstract ther Multures^ Meall nor Malt
in tym cumeing fra Stitchell Mylle, but that they bring ther
haill grinding come and malt therto to pay Mylle Dewties
used and wont therfor under the payne of fyve punds and
Double Multures to the possessor of the Mylle for the corne
and malt so abstracted and that the possessor of the said
Mylle and his sub myllers keep the said Mylle in gud opera-
tioun and do gud and thankefull service to the people thirled
and therto resorting under the lyke paine.
The qlk day James Macdowell and William Moffat for Bridal Bread
buying of bread to ther Brydall in prejudice of the possessour •^'°*
of Stitchell Mylle contrair to former Acts of this Barroun
Court are unlawed ane amerciat in ilke ane ten punds at the
Lairds mercy and the said James to pay the possessour of
the Mylle for Double Multure of twa fulles quheat confest
abstracted be him six shillings 8d. and the said William
for a double Multure of a fulle of quheit abstracted be him
3 shillings 4d.
The qlk day George Hoppe is judicially elected Bourlaw Pundler.
Officer or Pundler in Nether Stitchell who deponed his oathe
de fideli adviiimtratione officii without partiality favor hatred
or malice. Tho. Pearson Notar. Publ. cler.
Ane uther Barroun Court holden be the beffbr desygned (30)
Ryt Worthy Robert Pringle of Stitchell at Stitchell Kirke '^^' ^^- ^•
upon the 9th day of December 1665 yeires.
The qlk day John Guttraw in Stitchell is judicially decerned Claims.
ex consensu rei to pay to William Swanstoune in Hume six-
teen punds Scots.
The qlk day the said John Guttraw ex consensu rei is
judicially decerned to pay to John Lillie, smythe, 91ib. 5s.
lOd. ; Also William Hoggeard, wester, to the said Johne
61ib. 3s. 4d. ; also Adam Hoggeard to the said John Lillie,
51ib. 13s. 7d.; also John Hoggeard alUis Calseyend viii lib.,viii s.,
lOd. ; also George ffrenche to the said John Lillie for Smydy
* If a person refrained from sending his corn to the mill to which he was
thirled, and sold it or sent it to be ground at some other mill, he was considered
to have defrauded the miller of his duties, and became liable fur the penalties
imposed for what were called abstracted multures.
38
THE MINUTES OF THE
[1665
Claims.
werke confest awand 15s. with halfe a fulle of quheit. The
qlk day Thomas Henrysone in Stitchell is decerned to pay to
James Campbell maltman 4 lib. Thos. Pearsone Notar. Public,
cler.
Ox £18. los. The qlk day James Lowry eister in Nether Stitchell is
judicially decerned ex consensu rei to pay to John Smythe in
Over Stitchell for the agreed pryce of ane ox bought and
receaved be the said James 181ib. 10s.
That Ryot and Straickes betwixt Issobell TurnbuU and
John Henrysone is contineued till Tuesday nixt and John
Lowry Officer to convene the pairties befFor the Laird at
Stitchell Place that day.
The qlk day haveing heard the clame given in be James
Wilsone Mercheand against Alexander Eiston, the said Judge
did ordaine John Donaldsone and James Campbell to be
auditors to ther accompts,who efter mature deliberatioun found
the said Defender to be dew to the said persewer 71ib. 2s.
wherfor the said Judge decerned for the said sowme to be
payed be the said Defender.
The qlk day tlie said James Wilsone Mercheand is decerned
to Margaret Scot Laidy Stitchell younger for the ferme of
that parcell of the Maynes lande possesst be him for the yeir
and cropt 1664 yeires Twelv punds 10 shillings. More for
grass Maille 61ib. made 181ib. 10s.
The qlk day that Ryot betwixt George fFrenche and
James Lambe is continewed till Tuesday nixt to be examined
at Stitchell Place beffor the Laird.
The qlk day the Settling of that Act for cutting of trees
within this Barrony is continued till the nixt werke at
Stitchell Place.
Assoilzied. The qlk day heaveing heard the clame given in be Thomas
AUane Tinckler against Alexander Lowry eldest lawful son
to the deceast Alexander Lowry his father acclaming fra him
thre punds ten shillings restand unpayed be him to his deceast
father Beffor his decease desyreing that as he as heir or owner
or intromittor titulo hicrativo, or be any passyve tytells myght
be decerned to mak payment therof The said Defender com-
peired judicially and denyed that he ever intromitted with
any of his deceast fathers guids geirs or moveables less or mair
Rents.
1666] BARON COURT OF STITCHILL 39
titulo lucrativo qlk was clearly understood be the said Judge
wherfor he was judicially absolved, assoilzied, quyt and freed
fra the said clame fra ever.
Tho. Pearsone Notar. Public, cler.
Ane uther Barroun Court halden at Stitchell Kirke upon (31)
the secund day of January jajvi*^ threscoir and six yeires Be the ^^^' J^"" ^'
before designed Robert Pringill of Stitchell Barroun forsaid.
The qlk day Walter Elliot and Robert ffrenche confest Blood ;^5o.
judicially that they bothe comitted Blood ilke ane upon
uther, wherfor they are unlawed and amerciat in ilke ane
fyfty punds at the Lairds mercy.
The qlk day Richeard fFairbairne, John Smythe, Joanet Arbiters.
Bogge have judicially submitted themselves to John Lowry
arbiter for the said Richeard and Johne Smythe and to James
Campbell Arbiter for the said Joanet Boge anent the nixt amic-
able divisioun of the guids and geir perteining to umqhile
Robert ffairbairne only sone to the said Richeard and spous to
the said Joanet Boge and anent all uther clames and differences
betwixt them for all causes and occasiouns bygane And the
said twa arbiters are to conveine, and pronounce their final 1
Sentence theranent within fyfteen days.
The qlk day anent that clame given in be Adam Hogeard AssoUzied.
against Robert Guttersone acclaming fra him awght peckes
of ait meall for nuorisse, the Defender denyed the said clame
qlk was referred to the persewers probatioun, whereintill the
said Adam failzied and succumbed, therfor the Defender is
judicially assoilzied absolved quyte and freed fra the said
clame fra ever.
Ane Heid Barroun Court halden at Stitchell Kirke upon (3a)
the 24 day of March jajvi^ threescoir and six yeires be the ' ' ^' *■*
Beffor desygned Ryt Worthy Robert Pringill of Stitchell
Barroun forsaid.
The qlk day the haill tenants and coatters within this
Barrony compeird all judicially and tuike Instruments of ther
compeiring.
The qlk day Adam Haggeard in Stitchell is judicially
decerned epc consensu ret to pay to James Pattersone in ffogo
40 THE MINUTES OF THE [1666
Half year for fee and Bountith for halfe a yeires service awght punds
^ ' ^^' thretein shillings.
<^''^™s- The qlk day John Guttraw in Nether Stitchell is decerned
ex consensu rei to pay to William Watsone gairdener seaven
punds 5s.
The qlk day the said Johne Guttraw is decerned conforme
to his awn confessioun to pay to Andro Nizbet in Stitchell
Mylle and William Nizbet his soune threten punds ten sh.
The qlk day James Campbell is judicially decerned to pay to
William Haggeard wester, for wheit be the oathe of said
Defender 61ib. 15sh. The qlk day James Wilson Mercheand
is decerned to pay to Johne Underwoode Beddell, thretty thre
punds and continew the Extract heirof till the penult of this
moneth till the Defender be heard be the Laird in his defence,
(if he has any becaus of his present absence) or else to be
extracted.
The qlk day James Lowrie eister, is decerned to pay to
Katherein Eastoun relict of the deceast Robert Lillie smyth in
Stitchell Ten punds seaven shillings ten pennyes.
Margaret Scot The qlk day Robert Hamiltoun in Nether Stitchell is
younger. ' judicially decerned ex consensu rei to pay to Walter Pringill
Rents. Advocat^ as assigney constitute be Margaret Scot Laidy
Stitchell younger his mother for the Maill of that land
possesst be him perteining to her in lyferent for the yeir and
cropt 1665 yeires payable at Candlemas last 1666 yeires
instant Twentie fyve punds; also to pay to him the Maill
and dewty of the said land for all uther yeires and Teirmes
preceiding restand a wand and unpaid.
Also John Guttraw is decerned to pay to the said Walter
as assigney forsaid his Maille and dewty for the said lyferent
lands possest be him for the Teirme of Candlemas last 1666
yeires and for all uthers Teirmes preceiding unpayed.
The qlk day Richeard Guttraw, George Hamiltoune alias
Hill, George Dickesoune, Adam Haggeard, Johne Donaldsone,
James Lowry, Johne Hamiltoune, Adam Hamiltoune, James
Wilsone are all judicially decerned ex consensu rei to pay to
^ Brother of Robert the laird, and counsel later for the Bothwell Bridge
Covenanters.
1 666] BARON COURT OF STITCHILL 41
Margaret Scot Laidy Stitchell younger their haill Mailles and
dewties dew be them for the said hyr lyferent lands possest be
him for the Teirme of Candlemas lastbypast jajvi*' thre scoir
and six yeires and for all uther yeires and Teirmes preceiding
restand awand and unpayed ilke ane for ther awn pairtes.
The qlk day John Haggeard alias Calseyend is decerned Claim.
to pay to Johne Guttraw thre punds twa shillings reserveing
actioun to the defender to persew John Lyllie smythe younger
for his relieffe of 26 shillings therof.
Tho. Pearsone Notar. Public, cler.
Ane uther Barroun Court halden at Stitcliell Kirke upon {33)
the twenty foure day of September jajvi^ threscoir and six '^ ■ *=P- 24.
yeires be the BefFor desygned Right Worthy Robert Pringle
of Stitchell Barroun forsaid.
The qlk day Johne ffrenche in Over Stitchell is decerned Claims,
to pay to Thomas Gray in Smailholme fyftein punds sixtein
shillings principall with twenty shillings expenses viz., six lib.
therof at Mertimas nixt 1666, 31ib. therof at Mertimas 1667,
31ib. therof at Mertimas 1668, uther thre punds with the
expenses at Mertimas 1669 yeires.
The qlk day it is statute and ordained that ilke husband- Tax for sharp-
land within this Barony shall pay a sufficient Stouke of outfield
aits^ yeirly proportionally in tym cumeing for shairpeing
come to Robert Lillie smythe ; and the former Act made in
favor of the smythe stand in force for tymes byegane.
The qlk day Johne Guttraw is decerned to pay to Walter Rent.
Pringle advocat for his Maill for the Teirme of Lambes last
bypast and uther tymes preceiding thre scoir twa punds
fourtein shillings 8d ecc consensu rei.
Also Robert Hamiltoune is decerned to pay to the said
Walter for Lambes last 1666 twenty fyve pundes.
The qlk day Adam Hageard, Richeard Guttraw, Johne Lady Stitchell.
Donaldsoune, James Lowry, Wylliam Gottersone, William
Hogeard, George Hamiltoune (hill) and Johne Hamiltoune are
all decerned to pay ther severall proportiounes of ther sowmes
^ One-fourth of the farm land lying next the farmhouse was more thoroughly
fertilised than the remainder, and was called infield. The remaining ihree-
fourths formed the outland or outfield.
42
THE MINUTES OF THE
[1666
Interest.
Trespass.
Fee/3.
Rents.
dew be them to the said Laidy Stitchell younger for the
Maynes for Lambes last 1666 yeires and for uther yeires and
times byegane restand awand and unpayed.
The qlk day George fFrenche ex consensu rei is decerned to
pay for Interest Mony yet restand unpayed fyftein pundes.
The qlk day it is judicially statute and ordained that the
Tennants in the Over Toune keipe their Cattell from the
ground grasse and pasture of Homebyres possest be Mr.
ffrancis Pringill Sommer and Winter under the paine of six
shillings Scots for ilke beast horse or nolt.
And the said Mr. ffrancis inact himselfe judicially that his
Cattell and Bestiall shall abstain fra the ground and pastures
of the Over Toune of Stitchell under the lyke paines.
The qlk day Thomas Gray in Smailholme ex consensu rei
is decerned to pay to Margaret Dickesoune for fee 31ib.
The qlk day all within this Barony who are awand ther
rents, maills, and fermes for Mertimas last 1665 and for the
said Cropt j udicially decerned to make payment therof.
(34)
1666, Dec. 13.
Fee^^y. los.
Bridal Bread.
Decree in
Absence.
Grassmaille.
Ane uther Barroun Court halden at Stitchell Kirke upon
the threttein day of December jajvi^ threscoir six yeires be
the beffbr desygned Right Worthy Robert Pringill of Stitchell
Barroun forsaid.
Curia legittime affirmata.
The qlk day James Lowry in Nether Stitchell is judicially
decerned ex consensu rei to pay to William Service for fee seven
punds ten shilling.
The qlk day Andro alias David Haggeard for buying of
bread to his Brydall contrair to former Acts of this Barroun
Court is unlawed in Ten punds at the judges mercy and he is also
decerned to pay to Andro Nizbet possessor of Stitchell Mylle
for the Multure of that abstracted quheit ten shillings Scots.
The qlk day William Moffat lawfully cited ofttymes called
and not compeiring is h olden as confest and decerned to pay
to George ffi-enche in Over Stitchell Twenty seaven punds
twelv shillings Scots and continewes the extracting of this pntt
Decret till the twenty day of December instant that the De-
fender may be heard be the Laird becaus of his present absence.
The qlk day all within this Barrony and jurisdictioun lyable
i667] BARON COURT OF STITCHILL 43
in payment of grass-maille for the Teirme of Mertimas last
bypast jajvi^ thre scoir and six yeires are decerned ex consensu
rei to make payment therof.
The qlk day the haill tennents of this Barony are decerned Schoolmaster.
to pay to Mr Thomas Halyburtoune Schoolmaister and pre-
centor at Stitchell fourty pundes proportionally ilke ane for
tlier awn pairtes conform to ther several possessiouns yeirly
dureing his serveing of the said Cure as Precentor and School
Maister at Stitchell Kirke proportionally in manner used and
wont.
The qlk day Robert Tailzieor and Alexander Lowry in Herds com.
Queenscairne are decerned equally to pay to William Turne-
buU bird there fyve fulles of aits with twa pecks and a halfe
of humble corne.
The qlk day it is statute and ordained that non within this Bridal Bread
Barrony who shall make Bryddell Bread herefter shall buy
their Brydell Aille and Drinke furthe of the Barrony but that
they buy their haill Aille for the use of the Brydell fra the
Brewers within the Barony provydeing the said Brewers make
their Aille also gud and sell it to them for also a reasonable
pryce as it is sold in the country and as they may buy it fra
uthers under the paine of Ten pundes Scots money for the
Aille bought out of the Barrony by and attour the satisfac-
tioun to the possessor of Stitchell Mylle for the Multures of
the Brydell malt together therewith.
Ane uther Heid Barroun Court holden at Stitchell Kirke (35)
upon the sixtein day of ffebruary jajvi*^ thre scoir and seaven ^^' ^'^^ ^^'
yeires be the beffor desygned Ryt Worthy Robert Pringill of
Stitchell Barroun forsaid.
The qlk day John Hoggeard alias Calseyend is decerned ex Claim.
consensu rei to pay to William Hoggeard wester in Nether
Stitchell twenty punds foure shillings.
The qlk day John Guttraw in Nether Stitchell is decerned Har\-estfec
ex co7isensu rei to pay to James Grieve in Tofts for liarveist *"*"
fee seaventein punds fourtein shillings.
The qlk day the said John Guttraw is also decerned to pay Harvest fee ^f 4.
to Henry ffairbairne in West Gordoun for harveist fee foure
punds.
44
THE MINUTES OF THE
[1667
Abstracted
Multures,
Wage,
Arrestmenl
loosed.
The qlk Robert Hoge absent is holden pro confesso and
decerned to pay to George fFrenche Thre punds 5 shillings 8d.
The qlk day John Gottraw in Nether Stitchell is decerned
Minister's Wife, to pay to Elizabeth Courtney^ pntt spous to Mr David Starke
Minister at Stitchell for the modified pryce of twa come
sackes lost be the defender as was clearly verified judicially be
the persewer fourty awght shillings.
Continew that claime James Campbell possessor of Stitchell
Mylle contra George ffrenche for abstracted Multures to the
Laird his farther deliberatioun.
The qlk day Robert Hamiltoune is decerned to pay to
Thomas Wood confest for service thre punds fourtein shillings.
Ita est attestor ego Thomas Pearsone Notarizes Puhlicus cler.
The qlk day Johne Guttraw is judicially decerned to louse
that arreistment made be Johne Aitken in the hands of Robert
Lillie smythe and the said Johne Guttraw is decerned to
delyver the corne sold be him to the said Robert Lillie suf-
ficiently dry conforme to ther first condition, and efter the
arreistment is loused ordaine the said Robert Lillie to pay to
the said Johne Guttraw the agreed pryce for the said corne
with all possible diligence efter the lousing of the said arreist-
ment.
The qlk day Johne Donaldsone and Robert Hamiltoune are
judicially elected both be the judge and pairties to be auditors
to the haill accompts betwixt the said John Guttraw and the
said Robert Lillie and to give a perfect accompt of ther dili-
gence to the Laird theranent within fyftein days.
The qlk day James Wilsone is decerned to pay for the
ferme beir of that pairt of huppers lands possest be him for
the yeir and cropt 1665 and James Campbell is decerned to
pay for the grass mailles of that land last possest be the said
James Wilsone for the yeire and cropt 1666 yeires last bypast.
The qlk day the haill tenants within this Barrony are all
decerned to pay to Maister Thomas Halyburtoune School-
maister and Precentor at the Kirke of Stitchell fourty punds
yeirly proportionally furthe of the said Barrony conform to
^ Elizabeth Courtney, spouse to Mr. David Starke, minister. The suggestion
is here thrown out that this lady may have been the daughter of Mr. Starke's
predecessor, whose incumbency ceased in 16 13.
Auditors,
Ferme Beir.
Schoolmaster
i667] BARON COURT OF STITCHILL 45
ther several 1 possessiouns ilke ane for their awn pairtes viz. for
a yeir preceiding the twenty ane day of Marche nigh to cum
and Teirmely in tyme cumeing at Witsunday and Mertimas
Begineing the first Teirmes payment for his secund yeires
service at Mertimas nigh to cum in this pntt yeir of God 1667
yeires for the halfe yeir preceiding.
The qlk day James Lowry eister is decerned ex consensu rei Katharine
to pay to Katharein Hamiltoune Laidy Stitchell eldest for the Rent ;^3o!
Teirme of Mertimas last 1666 for that land possest be him
perteining to her in liferent thretty punds.
Also James Lowry wester is decerned to pay to her and to Rent unpaid,
her factors in hir name fourty shillings Scots mony resting
unpayed of the yeir and cropt 1665 thretty punds for the
maille of her lyferent lands possest by him for the yeir and
cropt 1666 last bypast.
Also Alexander Giffen is decerned be his awn confessioun Ferme Beir.
to pay to the said Laidy Stitchell eldest for the ferme beir of
that pairt of her lyferent lands possest be him for the yeir and
cropt 1665 yeires Tvvelv punds twelv shillings.
The qlk day James Lambe, James Lowryes eister and wester Loads of Coals,
are decerned to bring some fourtietwa loads of byegane coalls
in maner efter divyded viz., To the Laird ilke ane Ten loads
therof ; and to the old Laidy herselfe be the said James Lambe
four loads therof; be the said James Lowry eister awght loads
therof; and be the said James Lowry wester uther Ten loads
of the said coalls.
The qlk day the said Judge and Barroun takeing to his Geese.
serious consideratioun the great hurt and skaithe done be
keiping of geisse within this Barrouny in Sumar in tyme
byegane, Theirfor it is judicially enacted statute and ordained
that non within this Barrony keipe Geisse in tyme cumeing
from the first day of May untill the cornes be teynded, and
teynds and stocks totally led home and inclosed in the Lairds,
yeirly in all tyme cumeing under the pane of twenty shillings
Scots for ilke failzier and attour payment of the skaithe to the
pairty damnified.
The qlk day the said Judge and Barroun haveing heard the Anentihe
lybell and complaint given in be the haill tenants of this
Harrony mentioning that the possessors of Stitchell Mylle and
46
THE MINUTES OF THE
[1667
Myllers ther will not suffer them to cast on seids on their
beginning to grind their melder in maner used and wont both
in this Mjlle and uther Mylles: qlk being heard and considered
by the said Barroun and he therwith being weill and ripely
advysed did efter mature deliberatioun statute and ordain that
the owner of ilke Melder shall have liberty first to cast in a
Neiffefful of seeds beflbr they grind their meill or sheillings.
Also it is statute and ordained that the owner of the corne
mak their awn sheilling in all tyme cumeing.^
(36)
1667, July 13.
Damages.
Claims.
Ane uther Barroun Court halden at Stitchell Kirke upon
the threttein day of Jully jajvi'^ thre scoir seaven yeires be the
befFor desygned Ryt Worthy Robert Pringle of Stitchell
here table proprietor of the saids lands and Barony therof.
Curia legitime affirmata.
The qlk day James Campbell eoc consensu rei is decerned to
pay to Robert Hamiltoune awght punds 13s. 4d. destroyed be
his Bestiall apprysed be the Bourlawmen, and for thre halfe
fuUes of aits eaten be his Bestiall and apprysed be the Bour-
lawmen twentyfoure shillings Scots. And the said Robert
offered to the said James to quyte him the said sow me con-
teined in the said Decreit if he wold do him no more hurt
nor skaithe in tyme cumeing and find him sufficient Cautioun
for that effect anent his neyboirheid within awght days nixt
efter the dait heirof in tyme cumeing.
Whereupon James tuik Instruments and if the said Cautioun
be not found within awght days the Decreit is to be extracted
and put to all legall Executioun.
Eodem die the said James Campbell ex consensu rei is
decerned to pay to Richeard Guttraw foure pund 6sh. 8d.
The qlk day Thomas Lambe is judicially decerned to pay
to Katharein Eastoune and Joanet Guttraw relicts of the
deceast Johne and Robert Lillies lait smythes in Stitchell
equally betwixt them twa for smydy werke and drinke
threttein punds six shillings.
The qlk day Alexander Giffen is decerned to pay to the
1 The Black Dwarf 'was two years at Broughton Mill, employed in stirring
the husks of oats, which were used for drying the corn on the kiln, and required
to be kept constantly in motion.' — Horae Subsecivae, II.
1 667] BARON COURT OF STITCHILL 47
said Kathreen Eastoune and Joanet Guttraw instructed be
the saids deceast husbands their compt Book equally betwixt
them twa, awght punds Scots.
The qlk day Johne Wood, John Windrim couper being Bridal Bread,
absent is holden as confest, and James ffairbairne for buying
of quheit Bread to comoun Brydell contraire to former Acts
of this Barroun Court in prejudice to the Myller are unlawed
in ilke ane Ten punds at the Judges raodificatioune and mercy.
The. Pearsons Notar. Publict, cler.
Ane uther Barroun Court halden at Stitchell Kirke upon ^^ ^^^^
the fourtein day of September jajvi<^ threscoir and seaven
yeires forsaid, Be the befFor designed Right Worthy Robert
Pringle of Stitchell heretable proprietor of the haill lands and
Barrony thereof.
The qlk day William Moffat in Over Stitchell is judicially Claims,
decerned to pay to Andro Dickesone in Ednam ex consensu rei
Thre punds 16sh. Also James Lowry wester is decerned to
pay to Andro Nisbet ecc consensu rei for his victuall foure
punds.
The qlk day the said Judge and Barroun haveing heard the Great Riot.
Lybell and clame given in be Johne Underwood Procurator
ffiscall of this Barroun Court against Thomas Boyde and
Robert Hoge in Over Stitcliell mentioning that they had
comitted Blood, Ryot and Straickes ilke ane upon uthers to
the effusion of Bothe their Bloods in great abundance and
great hazard of bothe their lives.
Also upon Andro Robesone and Johne Hoggeard for
Straickes and Ryot comitted be them upon Robert Lillie
smythe ; also upon Stephen Burne and James Lidgait minors
for Blood and Straicks comitted be them twa upon uthei-s ;
also upon Johne Windrim for Blood and Straickes aledged
comitted be him upon the said James Lidgait minor.
The qlk haill claimes being heard red, seine and considered Inquest,
be the said Barroun he being wcill and rypely advyscd, sub-
mitted and referred the saids Bloods and Ryots to fvfkeen
famous men of Inqueist who being all solemnly sworne aiid
thereafter inclosed, elected Andro Nizbet jun. Chancellor of
the said In{|ucist. The said Chancellor be the mouthe of the
48 THE MINUTES OF THE [1667
said Inqueist efter mature deliberatioun doe all in ane voyce
convict and declare the saids Thomas Boyde and the said
Verdict. Robert Hogge ilke ane to be guilty of a Ryot and Straicke
upon uthers and the said Robert Hoge ilke ane to be guilty of
the Wyte of the said Ryot, and the said Robert his foalle did
provoke the said Ryot be eating of the said Thomas his corne
and the said Robert refused aither to amend or to be restricked
also the said Chancellor and Inqueist finds and declares
them bothe to be guilty of Blood as was clearly verified be
famous witnesses and referres their censures to the Laird and
Barron.
Also they convict and declare the said Andro Robesone and
the said John Hoggeard to be bothe guilty of Ryot upon the
said Robert Lillie smythe as was clearly verified be famous
witnesses and referrs their censures to the Laird and Judge.
Also the saids Inqueist finds the said Stephen Burne and
James Lidgait minors to have bothe comitted Blood ilke ane
of them uther conforme to their awn confessioun and referrs
their censures to the Laird and Judge.
Also the saids Inqueist convict the said Johne Underwood
couper of Straikes and Ryot comitted be him upon the said
James Lidgait minor and assoilzies and absolves him of the
Blood becaus swa verified be famous witnesses and referrs his
censure for the said Ryot to the Barroun and Judge.
Sentence. The qlk day the said Barron and Judge conforme to the
Act and Convictioun of the saids fyftein famous men of
Inqueist pronunced be the said Chancellor did judicially
unlaw and amerciat the said Robert Hoge and Thomas Boyd
for the said Bloods in ilke ane fyfty punds. And the said
Robert Hoge for Blood wyte in Twentyfyfe punds at the
Judge his mercy and modificatioun. The qlk day also the
saids Andro Robesone and Johne Hoggeard conforme to the
said Act of Convictioun are unlawed in ilke ane Ten punds.
Also the saids Stephen Burne and James Lidgait minors
conforme to the said Act of Convictioun are at the Lairds
mercy for what amerciament or personall punishment he
pleaseth for the said Blood becaus of their present minority
pupillarity and less age.
Also the said John Windrim couper conforme to the said
166;] BARON COURT OF STITCHILL 49
Act of Convictioun for the said Ryot and Straickes comitted
be him upon the said James Lidgait minor is unlawed in Ten
punds Scots and judicially absolved assoilzied quyte and freed
fra the said Blood aledged comitted be him forever.
The qlk day all differences and matters questionable betwixt Judicial Sub-
Alexander GifFen and James Lambe are j udicially referred and
submitted to Adam Hoggeard for the said Alexander his
pairt ; and to Johne Donaldsone for the pairt of the said
James Lambe as arbiters chosen be ilke pairty and to settle,
agree and reconce all them ; and what the saids twa arbiters
ordaines the saids twa pairties are judicially decerned to obey
and the saids pairties and arbiters are to convene for that
effect within awght dayes efter the dait heirof.
And the said Johne Donaldsone is also becumed Cautioner Cautioner and
for the said James Lambe; and Patrick GifFen eldest lawfuU
Brother to the said Alexander is becum Cautioner, Surety
and Law Burrows for the said Alexander that the saids Twa
pairties, their wyfes, bairnes, servants, and families shall not
trouble, or molest uthers in Tyme cumeing be word nor deed
utherways nor be order of Law and Justice under the paine
and penalty of Twenty punds for ilke failzie, and the saids
Twa pairties have judicially inacted themselves to relieve their
saids Twa Cautioners of their said Cautionry.
The qlk day Alexander Lowry in Queenscairle and William Absolved.
Turnbull bird there, are both judicially absolved of a sheep
acclaimed fra them be William Thompson weaver be their
oathes of verity.
The qlk day the said Judge and Barroun takeing to his Act for Planting,
serious consideratioun the great prejudice that this Barrony
and Indwellers therein doe susteine for want of planting and
setting of young trees and how profitable and pleasant planting
is, and what detriment this Barroun susteines for want and
neglect therof, Therefoir the said Judge and Barroun hath
statute and ordained that ilke Tenant and Coatter in Nether
Stitchell shall plant in their severall yairds six guid Ashe
plants yeirly till their yairds be sufficiently planted. And to
begin to plant betwixt Mertimas and Yuil nixt, and swa furthe
betwixt the said two kinds yeirly till the saids yairds be
planted, and in place of ilke decreaseing plant to replant a
50
THE MINUTES OF THE
[1667
Act anent
dykes.
Act anent
D astro vers.
Act anent
trespass.
Service.
Absolvitor for
the Weavers.
new plant in place thereof under the paine of fyve punds for
ilke failzie.
The qlk day it is also statute and ordained that ilke Tenant
within this Barony make ther heid dycks sufficient and hird-
well for keiping the saids plants at all tymes in the yeir, and
for keiping of guid neyboirheid, and to begine within awght
days nixt efter the dait heirof to bige their saids heid dyckes
under the paine of fyve punds.
Also it is judicialy statute and ordained that the Breakers
and Destroyers of the said plants shall pay for ilke transgres-
sioun Ten punds by and attour personall punisshment at the
Lairds pleasure.
Also it is statute and ordained that non within this Barony
old nor young make Rods nor gaits threw their neybors yairds
nor breake doune their neybors dykes nor goe nor passe throw
their neybors yairds under the paine of Twelve shillings Scots
for ilke failzie.
The qlk day it is statute and ordained that the possessors
of ilke ane husband-land within this Barony lyable for Service
shall furnishe and put furthe ane able workeman for helpeing
to cast a ditche about the eister Louche proportionally, and
foure of them to be ready dayly for that effect course and
tyme about proportionally till the samyn be fully casten and
ditched.
The qlk day the haill weavers within this Barony being
complained upon be John Underwood Procurator ffiscall of
this Ban-oun Court for makeing and weaveing Linen cloathe
vendible for Ten shillings or above within the breadth of ane
elle and twa inches contrair to the Act of Parliament made in
anno 1662 qlk. being referred to their oathe of verity they all
compeired personally and being all severally deeply sworne
they all deponed that they did not weave any Linnen cloathe
vendible for Ten shillings or above within ane elle and twa
inches of Breadth since November jajvi*' sixty ane yeires;
theirfoir the said Judge and Barroun assoilzied absolved
quyte and freed the said haill weavers within this Barrony
fra transgressing of the said Act of Parliament for all tyme
bygane.
Tho, Pearsone Notar. Public, cler,
i668] BARON COURT OF STITCHILL 51
Ane uther Barroun Court being ane Heid Court halden at (38)
Stitchell Kirke upon the first day of ffebruary jajvi^ and sixty ^ . e . i.
awght yeires be the befFoir designed Right Worthy Robert
Pringill of Stitchell heretable proprietor of the haill lands
and Barony thereof.
Curia leg^ittime affirmata.
The qlk day the haill tennants and Coatters within the said
Barrouny compeired all personally and tuike Instruments
judicially of their compeirance.
The qlk day the said Barroun and Judge sitting in Judgment R>ot £xo.
in ane fensed Court haveing heard the Lybell and complaint °'
given in be Johne Underwood Procurator ffiscall of this Bar-
roun Court against James Campbell in Stitchell Mylle and
Andro Robesone his hynde mentioning that they not only
comitted Ryot and Straickes upon uthers with Staffes handesand
feet and uther weapons offensive dinging uther to the ground
most cruelly But also to the eff*usione of Bothe their Bloods in
great abundance and great hazard of bothe their lives The
said Judge efter mature deliberatioun, the saids pairties being
lawfully wairned ofttymes called, not compeiring therfor ilke
ane of the saids twa pairtyes are judicially unlawed and amer-
ciat for Ryot and Straickes in Ten pundes And the said James
Campbell for Blood comitted be him upon the said Andro
Robysone as was clairly understood be the said Judge is
unlawed in fyfty punds at the said Barroun his mercy.
The qlk day William Gottersone cordiner in Stitchell called Mait;^i4.
not compeiring is halden as confest and decerned to pay to
Joanet Handyside in Kelso for malt fourtein pundes.
Also Jane Alexander in Over Stitchell called not compeiring Malt 16 Merks.
is halden as confest and decerned to pay to the said Joanet
Handyside for malt sixtein merkes.
The qlk day William Moffat in Over Stitchell also called Claims,
and not compeiring is holden as confest and decerned to pay
to David Cowan in Ednam Twenty thre punds 14 shillings.
The qlk day John Guttraw in Nether Stitchell ex consensu
rei is decerned to pay to Robert Hoggeard there twenty six
]nnids six shillings viz. the one halfe within fyftein days
and uther halfe at Mertimas nigh to cum 1668 yeires.
The (]lk day Andro aliwt David Hoggeard is decerned exCUimt.
52 THE MINUTES OF THE [1668
consensu rei to pay to William Hoggeard eister mailler fyfe
punds ten shillings.
The qlk day also Patrick Giffen absent holden as confest is
decerned to pay to James Thorn pesone for weaver worke foure
punds 8 shillings. Also Alex Giffen is decerned to pay to the
said James thre punds.
Tho. Pearsone Notar. Public, cler.
(39) Ane uther Barroun Court halden at Stitchell Kirke upon
' ^'' the last day of October jajvi*' sixty eight yeires be the beffor
designed Right Worthy Robert Pringill of Stitchell heretable
proprietor of the haill Lands and Barrony thereof.
Curia leglttime affirmata.
Two Slots The qlk day Alexander Giffen in Nether Stitchell being
^9- 4s. lawfully summoned personally, ofttymes called and not com-
peiritig is halden as confest and decerned to pay to Thomas
fFairbairne therfor the pryce of twa stots bought and receaved
be him fra the said persewer as was clearly verified Nyntein
punds foure shillings.
Claims. The qlk day George Hamiltoune {alias hill) in Nether Stit-
chell is decerned to pay to Jeane and Euphean Andersones
lawfuU sisters to the deceast Issobell Andersone aequally,
and to Alexander Maisson pntt. spouse to the said Jeane
for his interest ex consensu rei Nyntein punds Scots mony
(they finding Cautioun to warrand him at the haill uthers
aires and executors of the said Issobell and all uther hands
qtsumevir).
The qlk day Andro alias David Hoggeard is judicially
decerned to pay to Katreine Eastone relict of the deceast
Robert Lillie smythe in Stitchell confest eleven punds twelve
shillings confest.
The qlk day Johne Smythe is to be auditor and to examine
Richeard fFairbairne his smydy accompts and what is already
payed to Joannet Guttraw her daughter in law to be redely-
vered be her to the said Kathren Eastone.
The qlk day George ffrenche is decerned to pay to Richeard
ffairbairne for eaten corne fourty eight shillings.
Claims. The qlk day Alexander Giflen called, not compeiring is
decerned to pay to Johne Hageard nyntein punds six shillings.
i668] BARON COURT OF STITCHILL 53
The qlk day Johne Guttraw is decerned to pay to Andro
Burne for bygane fees Twelv punds six shillings.
The qlk day Johne Hoggeard is decerned to make furthe
cumeing to Margaret Smythe, if Law will, foure sheip pntte in
his possessioun perteining to Robert Cromby and wreisted in
his hands till that Action depending betwixt Margaret Smythe
and Robert Cromby be legally discussed.
The qlk day James Campbell and Robert Hamiltoune are Arbiters,
decerned to be Arbiters for settleing of that Difference betwixt
William and Johne Hogeards anent exchanged Mares and in
cace of their variance the Laird is pleased to be Odman.
The qlk day Adam Hogeard is decerned to redelyver to
Thomas Hoggeard pnttly twa sheip of three and ordaine Johne
Lowry, Johne Donaldsoune and Robert Hamiltoune to [putte]
these foure sheip in the custody of Joanet Guttraw and if
one of them be found to belong to the said Thomas
the said Adam Stott Hoggeard is decerned to sattisfie the
said Joanet Guttraw therfor And the said sheip to be
delyvered to the said Thomas Hoggeard as his awin.
The qlk day William Hoggeard is decerned to pay to Johne
Haggeard younger ex consensu rei fourtein punds ten shillings.
The qlk day Adam Hoggeard is decerned to redelyver to
James Leith herd aither two sheipe lost upon his default or
else three punds sevin shillings for the modified pryce therof.
The qlk day Johne Lowry and Robert Hamiltoune are
elected arbiters to meit and decide all differences betwixt
George Hamiltoune and William Hoggeard and what they
decerne the pairtyes are judicially decerned to obey.
John Lowry Barroun Officer of this Barrony is ordained Transgressors
and authorized to poynd all transgressors of that Act made Act.
anent planting and make the fynes and unlaws of the Trans-
gressors to be payed.
Also the said Barroun Officer is ordained to poynd William Militia.
Service for fyve punds for resetting of James Leitche in Dalcove
contrare to that Act made be the honorable Commissioners of
the Shy re anent the Militia.^
* James Leitche had been drawn to serve in the Militia, and had been hidden
by William Service, whose goods were now arrestcil lo the value of five pounds.
54
THE MINUTES OF THE
[1669
(40)
1669, April ro.
Blood ;,^5o.
Opprobrious
Speeches 30s.
Provocation
50s.
Claims.
Smithy work.
Ane uther Barroun Court being ane Heid Court halden at
Stitchell Kirke upon the 10th day of Apprille 1669 Be the
befFor designed Right Worthy Robert Pringill of Stitchill
Barroun.
The qlk day James Campbell for Blood comitted be him
upon James Johnstoune as he confest is unlawed in fyfty
punds.
The qlk day Johne Hoggeard for opprobrious speaches to
Robert Lillie smythe is unlawed in thretty shillings And the
said Robert Lillie for provoking of him be words and offering
of Straicks and Ryot is unlawed in fyfty shillings.
The qlk day Johne Guttraw is decerned ex consensu rei
to pay to Johne Lowry seaven punds fyftein shillings.
The qlk day William Moffat in Over Stitchell called, not
compeiring is decerned to pay to James Dawsone in Hume
byres for oatts bought and already receaved be him fra the
persewer nyntein punds and continews the Extract heirof for
foure days till the Defender be heard be the Laird becaus of
his pntt absence.
The qlk day George Dickesoune in Nether Stitchell called,
not compeiring is judicially decerned to pay to James Cossar
portioner of Hassingtone six punds Scots mony.
The qlk day William Hoggeard confest and is decerned to
pay to James Dawsone foure punds foure shillings.
And Adam Hamiltoune is decerned to pay to the said
James 42 shillings.
The qlk day Adam Hoggeard in Nether Stitchell is de-
cerned to pay to Kathrein Eastoune relict of the deceast
Robert Lillie smythe there for smydy werke one pund eight
shillings. James Lowry wester to the said Kathrein llib.
10 shillings 4d. And Johne Hoggeard is to relieve the
said James Lowry of what pairt of the said sowmes he has
receaved from him already. Robert Hog to the said Kathrein
Eastoune confest . . . William Moffat to her 23 shillings.
David Hoggeard to her for smydy werke 13 shillings 4d.
And the said Johne Hoggeard and his spouse are decerned to
releive them at the hands of the said Kathrein of what he
or his said spouse has already receaved fra the defenders
therof if any be.
1669] BARON COURT OF STITCHILL 55
The qlk day John Guttraw is judicially decerned to pay to Claims,
James Lowry eister confest foure punds with foure fulls of
aits or else four merkes for the pryce therof.
The qlk day George ffrenche is decerned to give to Issobell
Trottar 7 hirdbolls fyve fulls of aits with nyntein shillings
mony.
The qlk day Adam Hoggeard is decerned to pay to Thomas
Hoggeard confest eightein pounds.
Tho. Pearsone No tar. Public, cler.
The qlk day John Lowry Barroun Officer of this Barony is Transgressors
decerned to poynd all transgressors of that Act made anent
Planting for the fynes and unlaws therein exprest.
The qlk day Johne Donaldsone, James Campbell and Johne Auditors.
Smythe are to be auditors to revise the Compts and determine
therein betwixt Richeard ffairbairne, Joanet Guttraw and
Kathrein Eastoune her mother-in-law and ordaine the said
Kathrein Eastoune to give foure punds fyftein shillings of the
first end therof and what is not in the said Richeard his hands
therof to be payed to the said Kathrein be the said Joanet
41ib. 15 shillings.
The qlk day William Tailzieor in Queenscairne is decerned ^''eej^a- 9- 6.
to pay to Cudbert Purveis for fee unpayed thre punds nyne
shillings six penyes with a pair of sufficient new hose.
Ane uther Barroun Court halden at Stitchell Kirke upon (41)
the 23rd day of October 1669 yeires be the beffor designed '^' ^''^' ^3-
Right Worthy Robert Pringill of Stitchell Barroun himself.
Curia legittime affirmata.
The qlk day George ffrenche in Over Stitchell and William Keeping Swinc
Hoggeard wester in Nether Stitchell for keipeing swyne in '" ^""^'"^'■•
Summar contraire to former Acts of this Barrony Court are
unlawed in ilke ane twenty shillings.
The qlk day Adam Haggeard called, not compeiring is Rents,
halden as confest and decerned to pay to Mr. Francis Pringill
now of Rowingstoune ^ as assigney constitute be Margaret
' This is a brother of Robert the laird, and son of John Pringle who prede>
ceased his father, the first Robert. Three sons of John are now accounted
for : Robert the laird, Walter of Graycrook, and Francis of Rowingstoun.
There were at least five other children of John Pringle.
56
THE MINUTES OF THE
[1669
Claim.
Claim.
Absolvitor.
Claim.
Riot ;^io.
Carriages.
Not Planting
I2S.
Scot Laidy Stitchell his mother Twenty twa punds foure
shillings for his proportioune of Maille for that pairt of the
Maynes possest be him for the Teirmes of Candlemes and
Lambes jajvi'^ thre scoir and nyne yeires instant.
The qlk day the said Adam Haggeard called not compeir-
ing is halden as confest and decerned to pay to Robert Lillie
smythe for smyddy werke eleven punds eight shillings and ten
pennyes.
Tho. Pearsone Nottar. Publict, cler.
The qlk day Johne Lowry is decerned to pay and redelyver
backe againe to Robert Hogge qlk was layed in pand in his
hand fyfty foure shillings.
The qlk day Robert and Johne Hamiltoune being persewed
be the Procurator ffiscall for Ryot, Straickes and Blood
aledged comitted be ilke ane of them upon uthers they denyed
bothe and the said Procurator ffiscall succumbed and failzied
in his probatioun wherfor the said Defenders are judicially
absolved and assoilzied quyte and freed therfrae for ever.
The qlk day John Guttraw called and not compeiring is
halden as confest and decerned to pay to Alisone Lowry eight
punds Scots mony and continews the Extract heirof till the
Defender be heard beffor Johne Lowry and Johne Donaldsone
within eight dayes becaus of his present absence utherways the
Decreit to be extracted.
The qlk day Johne Lowry Barroun Officer for Ryot and
Straickes confest comitted be him upon James Campbell is
unlawed in Ten punds at the Laird his mercy.
The qlk day Johne Lowry is authorised and impowered
to stent and collect mony for paying bygane cairiages propor-
tionally ilke ane for their awin pairtes and to pay for all
Maylles and bygane Cairiages therwith.
The qlk day the haill Tennents in Queenescairne neglecting
to perfect their pairt of that Act made anent planting are
unlawed and amerciat in ilke ane of them Twelv shillings
Scots.
Tho. Pearsone Nottarius Publicus, cler.
(42)
1670, Oct. 8.
Ane Heid Barroun Court halden at Stitchell Kirke upon
the eight day of October jajvi^ threscoir and ten yeires Be the
i67o] BARON COURT OF STiTCHILL 57
befFor designed Right Worthy Robert Pringill of Stitchell
Barroun.
The qlk day the haill tenents and Coatters being all
lawfully wairned to this present day compeired all personally
and tuike Instruments of yr appearance.
The qlk day compeired Robert Hogge and William Hut- Riot ;^5.
sone in Over Stitchel and confest both judicially that they
comitted Ryot and Straickes ilke ane upon uthers wherfor
they are unlawed and amerciat ex consensu rei in ilke ane
fyve punds.
Also Matthew Thompesone Webster for deforcing of Johne Deforcing £$.
Lowry Barroun Officer in poynding and lawful administration n
of his Office is unlawed in uther fyve punds. Also Richeard
Tailzeour for Ryot and Straickes comitted be him upon Riot £S'
Thomas Wood ex consensu rei is unlawed in uther 51ib. And
the said Thomas Wood for provokeing the said Richeard to
comitt the said Ryot be calling him unjustly a theiffe is unlawed Defamation £z.
in the sowme of three punds by and attoure the Kirke Sessioune
and together therwith.
The qlk day William Courtney is judicially absolved and Assoilzied,
assoilzied quyte and freed of the sowme of nyntein punds Ten
shillings acclaimed frae him be Johne Thompesone in Home-
byres for the agreed pryce of certain strae bought frae the
said persewer be the oathes of the said Defender.
The qlk day George ffrenche being called and not compeir- Cow £17.
ing is halden as confest and decerned to redelyver backe to
William Courtney a Band made and subscrybed be the said per-
sewer to the said Defender for seaventein punds for the pryce
of a Kow bought be the said persewer frae the said Defender
to be cancelled and destroyed becaus the said Cow returned
to the said Defender and was disponed upon be him and to
pay to the persewer thretty shillings.
The qlk day Johne Guttraw ex consensu ret is decerned to Cess,
pay to William Courtney six punds eight pennyes Cesse.
The qlk day George ffrenche called not compeiring is Eaiien o«ts.
decerned to pay to James Dawsone in Homebyres for oats
eatten be his Bestial! and apprysed be the Bourlawmen Twelv
punds.
Also Robert Hog is decerned ex consensu rei to pay toCUim.
5S
THE MINUTES OF THE
[1670
Scandal ^^5.
Claim.
Absolvitor.
the said James Dausone for oats and utherways 201ib. 5
shillings.
The qlk day Johne ffrenche for scandalling of James
Dausone wrongously in calling him Theiffe and Knave is un-
lawed in fyve punds Scots by and attoure the Kirke Sessioun
and together therewith.
The qlk day Johne Guttraw ex consensu rei is decerned to
pay to Robert Hogge fourtein punds 14 shillings.
The qlk day James Dawson is judicially absolved and
assoilzied quyte and freed frae payment to Alexander Aitchy-
soune halfe a Bolle of aits sowing, and fodder aledged promitted
to him be umqhile James Dawsone elder his deceast father
becaus he succumbed and failzied improbando be famous
witnesses upon oathe.
Fee, etc. ^5.65. The qlk day William Hoggearth wester is decerned to pay
to William Mylle for fee and utherways fyve punds six
shillings with a pair of sufficient shoes or else thretty shillings
for the pryce therof.
The qlk day John Wood in Stichell ex consensu rei to pay
to Johne ifairbairne in Newtowne Mylle for meille six punds
six shillings eight pennyes.
The qlk day George ffrench called not compeiring is halden
as confest and decerned to pay to James Campbell in Stichell
Mylle twenty eight punds two shillings Scots.
The qlk day Adam Haggeard is absolved assoilzied quyte
and freed for ever of eightein punds acclaimed frae him be
Johne Hoggeard his nephew be oathe of the said Adam.
Robert Hog ex consensu rei is decerned to pay to Robert
Lillie smythe for smydy werke and utherways thre punds twelv
shillings twa pennyes.
The qlk day Johne Guttraw ex consensu rei is decerned
to pay to James fFairbairne for fee and utherways 91ib.
3 shillings 8d.
The qlk day Johne Donaldsone and Robert Hamiltoune are
to decyde and decern and settle that claim be James Thompe-
sone against Adam Haggeard for ane ew and a lamb aledged
lost upon his default and they to pronounce their ffinal
Sentence therein within fyftein dayes nixt efter the dait
heirof and the pairtyes are decerned to obey their Decreit.
Meal.
Claim.
Absolvitor.
Claim.
Arbiters.
i67i] BARON COURT OF STITCHILL 59
The qlk day Alexander Robysone Maltman in Stitchell is Arrears,
decerned to pay to Thomas Pearsone of Chairterhouse Nottar
Publict as Cautioner for Johne Robysone in Hassingtoune his
eldest brother conforme to their Band Ten punds Scots resting
unpayed of Thretty punds with arryieres Annual rent of the
said Thretty punds.
Ita est attestor ego Thomas Pearsone Notarius Publicus
cler.
Ane Held Court halden at Stitchell upon the 9 day of (43)
December jajvi^ threiscore and eleven yeires be Robert Pringill
of Stitchell Barron of the Barronie thereof.
Curia leglttime afflrmata.
The qlk day John Haggard called Calsa End is judicially Claims,
decerned to content and pay to Johne Hoggeard ther the
sowme of Twenty eight shillings Scots mony as the pryce of a
Seek modified be the Judge : Ten shillings eight pennyes of
expenses.
The qlk day Johne Hoggard son to Adam Hoggeard is
judicially decerned to content and pay to Gustavus Young the
sowme of Threttein punds nyn shillings Scots mony adebted be
the said Johne to Richeard Allan flesher in Kelso for which
the said Gustavus became Cautioner and payed the samyn ex
confessione rei.
The qlk day David Haggard in Stitchell is judicially decerned
to content and pay to Thomas Hoggard ther the sowme of
fortie shillings Scots mony borrowit be the said David from
him Two years since In respect of the persewers oath being
referred thereto be the Defender Ten shillings of expenses.
The qlk day William Hoggeard wester is judicially decerned
to make payment of the pryce of a full of oats and assoilzies
the said William from fy ve pund Two shillings acclamed be Mare ^5. a.
the said George from him as the pryce and worth of a Meer In
respect of the said William his oath being referred therto be
the said George that he accepted of the said Meer back again.
The qlk day John Wood in Stitchell is judicially decerned to cuim.
content and pay to Johne Marshalle in Home the sowme of
Thre pund Twelv shillings Scots mony as the pryce of certain
Peats bought be him frae the said Compleaner thwv ye&res
60
THE MINUTES OF THE
[1671
Channelkirk.
Ale spilled.
since ex confessione rei and assoilzies from the halfe pecke of
wheat ex consensu threttein shillings foure pennyes of ex-
penses.
Mare;^26. The qlk day John Wood in Stitchell is judicially decerned
to content and pay to James Dason in Humebairs Twenty six
pund Scots mony as the price of a Meer bought and receaved
by him from the said Compleaner at Michallmiss last ex con-
fessione rei. Two merkes of expenses.
The qlk day Robert Hog in Stitchell is judicially decerned
to make payment to Richard ffairbairne there Twentynyn
shillings Scots mony for leading of Timber from Genill Kirke
in Summer last, In respect of the persewers oath being
referred thereto six shillings eiglit pennyes of expenses.
The qlk day John Windrim younger, Cupper in Stitchell is
judicially decerned to make payment to William Courtney
there fortie shilling Scots mony for the losse of Aill letten
out be him pertaining to the Compleaner in respect of the
judges modificatioun six shilling eight pennyes of expenses.
The qlk day Johne Gotrae in Stitchell is judicially decerned
to make payment to William Masson in Newton My lie the
sowme of foure punds sixtein shilling Scots mony as the
pryce and worth of certain Bestiall bought be him from the
said Compleaner two years since ex confessione rei 13sh. 4d. of
expenses.
The qlk day William Mackdowell in Over Stitchell is
judicially decerned to make payment to Helen Duncan in
Mackerstoune And Johne Aitchisone her husband the sowme
of seven pund Scots mony Borrowit be him from the Com-
pleaner seven or eight years since In respect of John Aitchison
his oathe being referred therto.
The qlk day John Gotrae in Stitchell is judicially decerned
to make payment to Andro Burn there four pund fyftein
shilling Scots mony for certain fies wrought be the said Com-
pleaner from the said John Gotrae four years since In respect
of the persewers oath being referred therto be the Defender
13sh. 4d. expenses.
Claims. The qlk day John Haggard Calsay End and Alexander
GifFen is judicially decerned to make payment to Robert
Lillie smythe there the sowmes of mony underwritten to wit
Beast
Claims.
1672] BARON COURT OF STITCHILL 61
the said John Haggard the sowme of fyve punds seaven shilling
ten penyes Scots mony for certain smith vverk wrought be the
Compleaner to him foure or fyve years since : the said Alex-
ander GifFend threttie sh. money as the pryce of Aill and meall
receaved be him in harvest last. John Haggard threttein
shilling foure pennyes of expenses : Alexander Giffend eight
shilling of expenses.
The qlk day Robert Lillie smith in Stitchell and William
Courtney is judicially decerned to make payment to Andro
alias David Haggeard there the sowmes of mony under-
written to wit the said Robert Lillie eight pund threttein
shilling foure pennyes adebted be Richeard Concurr in Dunce
to tlie said Compleaner and arreisted in Robert Lillie his hands:
William Courtney 58sh. Scots which the said Compleaner
was Cationer to James Richardson in Deceith for him Robert
Lillie 13sh. 4d. of expenses : William Courtney 6sh. 8d. of
expenses.
Ita est Jacobus Pringle Notarius Puhlicus cler. Attestor.
The qlk day Thomas Lambe indweller in Over Stitchell is (44)
judicially decerned to make payment to William Moffat in- 1^2.
dweller there fyve pund ten shillings Scots mony as the agreed ^J^^f^^^io.
pryce of Twa Staiggs grass ^ grassed be the persewer at Belton
day last in respect of his confession 12sh. Scots mony of
expenses.
The qlk day William Moffat indweller in Stitchell is
judicially decerned to make payment to Thomas Lambe in-
dweller ther 41ib. l^sh. for hirding of his Bull and for mony
adebted be him and for keiping these Staiges five or six years
since or therby In respect of the Defenders his confessioun
with 20sh. of expenses.
The qlk day John Guttrae indweller in Stitchell is judicially Various.
^ A staig here means a young horse not yet broken for riding or work.
Compare an old proverb, 'Corn is not for staigs,' i.f. they were to have grass,
and not corn. Beltane is May-day or the first Monday of May, a relic of the
ancient worship of the sun ; and later, a term on which payments were made.
A naig, as opposed to staig, is a riding horse. Paske is Easier. Riv land
is land that has lain long unploughed. Lambes is Lammns Term in
August.
62 THE MINUTES OF THE [1672
decerned to make payment to Alexander Robesone in Altmuir
indweller there 201ib. lOsh. 8d. for certain particulars entered
in ane fitted accompt in respect of the Defenders null com-
peirance with 17sh. and 4d. of expenses.
OneNag=ii The qlk day John Gutrae in Nether Stitchell is judicially
decerned to make payment to Robert Lillie smyth ther the
number of elevin fulls of oats as the pryce and worth of ane
Naig bought and receaved be him from the said Compleaner at
Mertimes last In respect of the Defender his confessioun.
I Full of pease The qlk day John Haggeard Calsay End is judicially
^^^' decerned to make payment to Kathrein Eastoune relict of the
deceast Robert Lillie smith in Stitchell 37 shillings 8d. as the
pryce of ane full of peise bought be him from the said Com-
pleaner In respect of the Defenders oath being deferred therto
be the Compleaner 6sh. and 8d. of expenses.
Claim. The qlk day John Gottrae in Stitchell is judicially decerned
to make payment to John Aiken servitor to William Lawrie,
Officer 161ib. 15sh. Scots mony pairtlie as the pryce and werthe
of ane Boll of peise and pairtlie as the remainder of certain
fees awghtand be the Defender to the said Compleaner In
respect of the persewers oathe being deferred therto by the
Defender with 13sh. 4d. expenses.
The qlk day John Haggard called Calsa End is judicially
decerned to make payment to Andro alias David Haggard
there the sowme of 71ib. mony as the remainder of ane black
Black Mare. Meir bought and receaved be him from the said Compleaner
at Paske last in respect of the Defenders confessioun with 12sh.
of expenses.
Claim as to The qlk day John Gotrae in Nether Stitchell is judicially
poug mg. (Jecerned to make payment to Thomas Whyte in Over Stitchell
Slib. 18sh. mony which the Compleaner depurst for plowing
of Riv land, and the Defender did never plow the samyn nor
pay backe to him the said sowme In respect of the Defenders
confessioun with 20sh. of expenses.
Fee. The qlk day John Gotrae in Nether Stitchell is judicially
decerned to make payment to Thomas Haggard ther 51ib. lOsh.
money as the remainder of four yeares fee ea^ confessione rei
with 12sh. of expenses.
, The qlk day John Gotrae in Nether Stitchell is judicially
i673] BAROiN COURT OF STITCHILL 63
decerned to make payment to William Nizbet in Newtoun the Half year Fee
sowme of Tlib. Scots money for halfe a years fee with 26sh. ^'^'
8d. as the pryce of a pair of shoes of bountith ex confes-
sione rei and assoilzies from six fulle of aits with 13sh. 4d.
expenses.
The qlk day Alexander Giffane in Nether Stitchell is
judicially decerned to make payment to Thomas Wood
there 41ib. Scots money as the pryce and worth of halfe Half BoU Beir
ane Boll of beir bought and receaved be him from the said ~
Compleaner at Lambes 1671 in respect of the Defenders not Claim.
compearance with lOsh. of expenses.
The qlk day John Haggard called Calsa End is judicially
decerned to make payment to Robert Lillie smyth ther 48sh.
Scots money for certain smith work and drink in respect of
the Defenders not compearance with 6sh. of expenses.
The qlk day Thomas Haggard in Nether Stitchell is judi- Riot;^5.
cially decerned to make payment to William Lawrie Procurator
ffiscall of the Court 51ib. Scots money for a Ryot comitted be
him upon John Gotraw Indweller in respect that there was
certain famous witnesses led in the said Action and did judi-
cially prove the samyn.
Ita est Jacobus Pringle Notarius Publicus cler. Attestor.
1673 Jan. 28. The qlk day John Wilson called Sobber (45)
John is judicially decerned to make payment to William jfiof^J^"' ^^*
Lawrie Procurator ffiscall of the said Court the sowme of
20s. Scots money for ane Ryot comitted be him upon James
Haggard in Nether Stitchell and for ane violent deforcement
and bereaving him of ane Tether ecc confessione rei.
The qlk day David Stark eldest lawful! son to Mr. David Blood ;f 50.
Stark is judicially decerned to make payment to William
Lawrie Procurator ffiscall of the said Court the sowme of
fyftie punds Scots money for ane Blood comitted be him upon
Peter Purves servitor to James Camble in Nether Stitchell
In respect he confest and came in, will and decerns the said
Peter Purves in 25lib. for the Blood wyte ex cwifessione rei.
The qlk day William Haggard wester is judicially decerned Drink,
to make payment to Alexander Robesone Maltman ther the
sowme of fyve punds sextein pennyes pairtly borrowed and
64
THE MINUTES OF THE
[1673
Claim,
Calumny ^5.
Scandal £2'
Blood j^5o.
Debts.
pairtly for drink and four fulls of bear for four pund 16sh.
as the pry ce and worth therof ex confessione rei with 20sh.
of expenses.
The qlk day John Wilson in Stitchell is judicially decerned
to make payment to George Nisbet ther of the sowme of
40sh. Scots money as the pryce and worth of a Seek borrowed
and receaved be the said Defender from the said Compleaner
at Whitsunday 1672 In respect of the Judges modificatioun.
The qlk day Margrat Atkin spous to Thomas Mill in
Stitchell is judicially decerned to make payment to William
Lawrie Procurator ffiscall fyve punds Scots money for calum-
niating of Robert Hamiltoun ane of the sworne apprysers and
calling him Mansworne and many other opprobrious words
which she confest and could not prove.
The qlk day James Cambell in Nether Stitchell is judicially
decerned to make payment to William Lawrie Procurator
ffiscall thrie punds Scots money for scandellizing Andro Burn
poundler ther in saying he did steill eightein harrow teeth
from him in respect the said James Cambell was lawfully
summoned to compear and did not and therfor was halden as
confest.
The qlk day James Hogge Litster in Stitchell Waulk Mill
is judicially decerned to make payment to William Lawrie
Procurator ffiscall of the sowme of 501ib. Scots money for ane
Blood comitted be him upon James Lidgait servitor to Robert
Hammilton in Stitchell in respect the veritie therof being
referred to his oath refused to swear and decernes the said
James Lidgait to the said Procurator ffiscall SSlibs. money
forsaid for the Blood wyte eoo confessione rei.
The qlk day Agnes Lillie relict of the deceast Patrick
Giffane in Runningburne is judicially decerned to make pay-
ment to Walter Lawrie in Stitchell 521ib. 4sh. and 4d. Scots
money pairtly borrowed and pairtly for fie ane certain tyme
bygane in respect the said Defender was lawfully sumoned to
compear and did not and therupon the Judge decerned in
manner forsaid.
The qlk day Adam Haggard elder in Stitchell is judicially
decerned to make payment to Walter Lawrie ther the sowme
of four punds Scots money borrowit and receaved be him
1673] BARON COURT OF STITCHILL 65
from the said Compleaner a certain tyme bygane in respect
the said Defender was iawfullie summoned and did not com-
pear with 6sh. of expenses.
Ita est Jacobus Pringle Notarius Publicus cler. Attestor.
1673 May 17. The qlk day William Moffat Indweller in (46)
Nether Stitchell and Henrie Hamiltoune Indweller ther is
judicially decerned to make payment to Robert Lillie smith Claims,
there the particular sowms of mony and others under written
for the confest following ilke ane of them for their awn pairtes
as is efter divided To wit the said William Moffat two fulls of
oats with 20sh. of money for certain smith work wrought be
the said Compleaner to the said Defender with 12sh. expenses
and Henrie Hamiltoune 31ib. 19sh. 8d. also for smith worke
with lOsh. of expenses in respect of their not compearance.
The qlk day James Hogge Litster at the Walke Mille of 3^ ells piaiding.
Stitchell is judicially decerned to make payment to John ^^^'
Stewart servitor to the Laird of Stitchell 42sh. Scots money
as the pryce and worth of Three ells and ane halfe of small
plaiding delyvered be him to be littet and never redelyvered
back again In respect the Defender did not compear with
lOsh. of expenses.
The qlk day John Turner Schoolmaster in Stitchell is judi- School Wages.
cially decerned to make payment to Thomas Underwood ther
of Ten punds Scots money restand of school wages which should
have been payed at Mertimes last ex confessione ret with
lOsh. of expenses.
The qlk day John Gotrae indweller in Stitchell is judicially claims,
decerned to make payment to James Brown Merchand in Kelso
58sh. Scots given in earnest to the Defender for fetching home
of Key and for which he failed in respect of his non compeirance
with lOsh. of expenses.
The qlk day James Leithheid Indweller in Nether Stitchell Boots,
is judicially decerned to make payment to James Dickson
Cordinar in Ednam 26sh. 8d. Scots money as the remainder of
a pair of boots fitting in August last In respect of the Coni-
pleaners oath being referred therto be the Defender with
6sh. of expenses.
The (jlk day William Moffat in Over Stitchell is judicially Cow.
B
66 THE MINUTES OF THE [1673
decerned to make payment to John Dickson Indweller there
31ib. 8sh. Scots money as the remainder of the pryce of a Cow
bought and receaved be the said Defender from the said Com-
pleaner at Mertimes 1671 ex confessione rei with 8sh. money
of expenses.
The qlk day William Moffat in Over Stitchell and Culbert
Purves indweller ther is judicially decerned to make payment
to Alex Robesoun Maltman in Nether Stitchell the severall
sowmes of money underwritten for the confest following ilke
Mare. ane of them for their own pairtes as is efter divided. To wit
Ale. the said William Moffit six fulles and ane halfe and halfe a
pecke of bear as the pryce and worthe of ane Mear bought
and receaved be him from the said Compleaner in Harvest last
ex confessione rei with 20sh. of expenses; the said Culbert
Purves 30sh. and lOd. money for said for Ale in respect of his
absence with 4sh. of expenses.
Fee. The qlk day George iFrenche in Over Stitchell is judicially
^^"^"' assoilzied from the sowme of six punds Scots money of fie,
20sh. as the pryce of Two ell of Linning, lOsh. as the pryce of
halfe ane ell of Whyte for bountith for a years fie and
bountith wrought be Margrat Magdowall in Macarstone to
him Nov. year and a halfe since in respect the persewer
George fFrenche compeared and craved compensatioun of the
lyke soume of teind in a Decreit obtaind at his instance against
the said Margrat Magdowall befor the Commissar of Peibles.
Debts. The qlk day Alexander GifFan indweller in Nether Stitchell
is judicially decerned to make payment to Cathrine Gaffine
relict of the deceast Robert Lillie smith in Stitchell the sowme
of 200 libs Scots money of Principall And hundredth and
eightein punds as the remainder of Ten years Annualrent
therof of conteind in a Band made and granted be the said
Defender to the Compleaners deceast husband of the dait the
second day of January 1663 years and assigned be him to
the said Compleaner upon the penult day of November 1665
years eoo confessione rei with six punds of expenses.
The qlk day John Gotrae in Stitchell, William Haggard
wester ther, John Haggard called Calsa End ther, Thomas
Haggard, William fFord, and Adam ffairbairue is judicially
decerned to make payment to William Courtney and Margrat
i673] BARON COURT OF STITCHILL 67
Trumble his spouse the severall sowmes of money under
written for the causes following ilke ane of them for ther own
pairts as is efter devyded To wit the said John Gotrae the
sowme of 251ibs. 8d. Scots money pairtly borrowed pairtly for
harvest fies and other necessare ex confess'ione 7'ei, William
Hoggard 41ib. Ish. money conforme to ane fettit account lOsh.
of expenses, William fFurd 21ib. 2sh. 6d. pairtly borrowid and
pairtly for Ail 6sh. of expenses Adam ffairbairne 2lib. 13sh.
of borrowid money 8sh. of expenses, John Hoggeard 81ib. and
6d. ex confessione rei with threttein shillings four pennyes of
expenses Thomas Hoggard four pund 17sh. 8d. money with
lOsh. of expenses.
Ita est Jacobus Pringle Notarius PuUicus cler. Attestor.
1673 November 8. The qlk day Adam Hamiltoun in ^y)
Stitchell is judicially decerned to make payment to Alexander
Brown, weaver ther the sowme of 121ib. Scots money as the
pryce and worthe of a Naig bought and receaved be the Nag ;^i2.
Defender from the Compleaner at Mertimes last in respect of
the Defenders absence being lawfully summoned with 24sii.
of expenses.
The qlk day John Gotrae in Stitchell is judically decerned 2 Fulls of Kiin-
to make payment to Adam Hendersone ther of the sowme of ^"^^P^^
31ib. 4sh. Scots money as the pryce and worth of Two fulls
of Kill-dryd pease bought and receaved be the Defender from
the Compleaner at Michaelmas was a year in respect of the
Defenders absence being lawfully summoned with 12sh. of
expenses.
The qlk day Robert Hamiltoune in Nether Stitchell is icc £^.
judicially decerned to make payment to James ffairbairne in ftirashinji las.
Over Stitchell and Elspeth Hoggard his spous the sowme of Mowing 3s.
nyne punds Scots money for a years fee wrought be her to the
Defender a certain tyme bygane : Twelve shilling for foure
dayes Threshing. Thrid shilling for mawing In respect of the
Compleaners oath being deferred therto be the Defender
with 2 merkes of expenses.
The (|lk day John Haggard called Calsae End and Ricliard claims,
Taylor in Queenscairne is judicially decerned to make payment
to George Wood in Greenknow the severall sowmes of money
68 THE MINUTES OF THE [1673
underwritten for the causes following To witt the said John
Hoggard four punds fyftein shillings Scots money as the
remainder of certain ewes and lambes bought and receaved
from the said John Haggard from the said Compleaner at
Ternitie Monday 1672 Richard Taylor in Queenscairne
51ib. 15sh. money forsaid. Also for the remainder of certain
ewes and lambes bought at the tyme forsaid In respect of the
Defenders absence being lawfully summoned with lOsh, for
ilke ane of the Defender's expenses.
The qlk day Agnes Lillie relict and executrix affirmed to
the deceist Patrick GifFan in Runningburne is j udicially de-
cerned to make payment to Margrat GifFane in Stitchell the
sowme of Threscoir fourtein punds Scots money for certain
fees and bounteiths wrought be her to the said Defunct ex
confessione rei with 30sh. of expenses.
Calf ^11, 14. The qlk day William Moffit in Over Stitchell is judicially
decerned to make payment to Issobell Ormstone in Queens-
cairne the sowme of lllib. 14sh. Scots money and that as the
pryce and worthe of a Calfe bought and receaved be the said
Defender from the said Compleaner in the moneth of August
last ex confessione rei with 20sh. of expenses.
The qlk day Alexander GifFane in Stitchell and Agnes
Lillie Relict of the deceast Patrick GifFane in Runningburne
is judicially decerned to make payment to Christian Dickson
in Newton for her selfe and in name and behalfe of Dorritie
Service her mother the severall sowmes of money underwritten
for the causes following ilke ane of them for their own pairtes
Fee ^5. as is efter divydit To wit the said Alexander GifFane 51ibs.
Scots money for certain fye wrought be the said Compleaners
to the said Defender ane certain tyme bygain. The
said Agnes Lillie 51ibs. money forsaid. Also for certain
fyes wrought be said Compleaners to the said Defenders
and her deceast husband also ane certain tyme bygain
ex confessione rei with ten sh. for ilke ane of the defenders
expenses.
Excise. The qlk day George Nisbet in Stitchell is judicially decerned
to make payment to Alexander Robesone Maltman ther the
sowme of Slibs. Scots money as the Excyse of ane Wedding
made be the Defender at Whitsunday 1671 and assoilzies said
I
i673] BARON COURT OF STITCHILL 69
Defender for another 40sb. money forsaid acclaimed ex con-
fessione rei with lOsh. of expenses.
The qlk day Robert Lillie smith in Stitchell is judicially
decerned to make payment to George Nisbet ther 31ibs. Scots
money the Excyse of certain Aill bought be the said Com-
pleaner from the said Defender ex confessione rei with lOsh.
of expenses.
The qlk day Agnes Lillie relict and executrix confirmed to 2 Ewes @
the deceast Patrick GifFane in Runningburne is judicially
assoilzied from 41ib. 2sh. Scots money as the pryce and worthe
of two yeeld ewes alledgit given in Grassing to the said
Defunct ane certain tyme bygain be Samuel Leithhead in
Stitchell In jespect he referred to the said Defender her oath
of verity whether or not she or her deceist husband receaved
the said two ewes who being present deponed that neither she
nor her said deceist husband receaved the samyne and therfor
was assoilzied therfor.
The qlk day William Moffit in Stitchill Thomas Whyte
ther Alexander Lawrie ther, and Robert Hogge there is
judicially decerned to make payment to Johne ffairbairne in
Nenthorne Mill the severall sowmes of money under written
for the causes following To wit the said William Moffit 9 libs.
Scots money as the pryce and worthe of 21 peckes of oat meal 2} peeks meal
bought be him from the said Compleaner at Whitsunday last; ^'
Thomas Whyte 28sh. also for oat meal ; Alex Lawrie 28sh.
also for oat meal ; Rob Hoge 23sh. also for oat meal bought
be them from the said Compleaner at the tyme forsaid In
respect of ther null compearance with 40sh. money forsaid of
expenses equally to be divyded amongst them conform to ther
severall sowmes above written.
The qlk day William Hoggard called Wester m Nether Boll of Rear
Stitchell is judicially decerned to make payment to Walter^®*
Lawrie ther the sowme of Slibs. Scots money as the pryce and
worthe of a BoUe of bear bought and receaved be the said
Defender from the said Compleaner two years since or therby
In respect of the said Defender compearand personallie confest
the debt above awin with 8sh. of expenses.
The qlk day James Leitheid in Nether Stitchell is judicially Claims,
decerned to make payment to George Pringle Mailman in
70 THE MINUTES OF THE [1673
Kelso the sowme of 371ib. 16sh. Scots money as the pryce and
worthe of certain malt bought and receaved be the said
Defender from the said Compleaner ane certain tyme by gain
In respect the said Defender compeared personallie and confest
the sowme above written to be justly restand awand to the
said Compleaner with 18sh. of expenses.
The qlk day Robert Hogge in Over Stitchell is judicially
decerned to make payment to James Walker in Linton Park
the sowme of 451ibs. 18sh. Scots money as the remainder of
the pryce and worthe of certain oats bought and receaved be
the said Defender from the said Compleaner at Midsumer
1672 years In respect of the verity of the Clame being referred
to the Defenders oath confest the haill sowme above written
except 40sh. money forsaid was justly adebted be him to
the said Compleaner and therfor the Judge deduced the said
40sh. for end of the said sowme with 40sh. of expenses.
Lint, The qlk day Adam Hammiltoune weaver in Stitchell is
judicially decerned to make payment to James Handisyde
Merchand in Kelso the sowme of 61ib. 3sh. 8d. Scots money as
the remainder of the pryce of 2 ston four pounds of Lint
bought and receaved be the said Defender from the said
Compleaner in anrio 1672 ex confessione rei with 16sh. of
expenses.
The qlk day John Gotrae in Nether Stitchell is judicially
decerned to make payment to Thomas Henderson ther 32sh.
Scots money as the pryce and worthe of certain oat meall
bouffht and receaved be the said Defender from the said Com-
pleaner at Lambes 1672 In respect of the Defenders confessione
being present with 8sh. of expenses.
2 Fulls Pear The qlk day James Lawrie in Stitchell is judicially decerned
S6s. to make payment to George Pringle Maltman in Kelso of the
sowme of 56sh. Scots money as the pryce and worthe of Two
fulls of bear bought and receaved be him from the said Com-
pleaner ane certain tyme bygain eoo confessione rei with sex sh.
of expenses.
Harvest Fee The qlk day Agnes Lillie relict and executrix confirmed to
^7- the deceast Patrick Giffane in Rinningburne is judicially
decerned to make payment to William Lamb Indweller
in Neutone the sowme of 71ibs. Scots money for a harvest fie
i674] BARON COURT OF STITCHILL 71
wrought be the said Compleaner to the said Defender with
halfe ane Bolle of bear and a pair of shoes of bountith eao con-
fessione rei with 2 merks of expenses.
The qlk day Robert Hopper and Robert Hopper servitors
to Mr Robert Hopper The said Mr Robert Hammiltone
weaver in Stitchill and Andro alias David Hoggard ther is
judicially decerned to make payment to William Lawrie Pro-
curator ffiscall the severall sowmes of money under written for
the causes following ilk ane of them for ther awn pairts as is
efter divydit To wit the said Robert Hoppers the sowme of
50 punds Scots money for ane Blood comitted be them upon Blood ;^so.
William Lawrie Officer in Stitchill and 251ib. for Blood wyte Blood wyte;^2s.
the said Mr Robert Hopper the sowme of 401ib. Scots for
refusing to give his carriadges being requyred therto be the
Officer The said Robert Hammiltone 51ib. money forsaid for
abstracting of Hummle Corne^ from the Mill of Stitchill at Hummie Corn.
Lambes last contrair to the Acts of the Barron Court and
Double Dewties for ane firlot of Hummle Corn to John
Stewart farmer of the said Mill of Stitchill The said David
Hoggard lOlibs. money forsaid for ane Ryot comitted be him Riot ^^lo.
upon James Cambell in Stitchill In respect ther haill lybells
were sufficiently proven be famous witnesses.
Ita est Jacobus Pringle Notarius Piibliciis ckricus attestor.
The Barron Court halden at Stitchell be Robert Pringle of (48)
Stitchell here table proprietor of the Lands and Barronnie therof ^ ^■*' •'" ^ ^^
theSOday of July 1674.
Curia leglttime affirrnata.
The qlk day the said Robert Pringle of Stitchell sittand in Claim.
Judgment hes judicially decerned James Leithead in Stitchell
to make payment to James Ker Merchand in Kelso the sowme
of 48sh. Scots money borrowed and receaved be him from
Jenet Aldcorne spous to the said Compleaner upon the 10 day
of March 1672 ex confessione rei with lOsh. of expenses.
The qlk day Robert Lillie smith in Stitchell is judicially ing 39s. lod.
^ In Roxburghshire, a lighter kind of grain, which falls from the rest when it
is fanned. In Herwickshire the term denoted three bolls of barley with one of
pease, made into meal. Stitchell is in the former ; Hume in the latter.
72 THE MINUTES OF THE [1674
decerned to make payment to Thomas Vair and Margrat
Richisone his spouse 39sh. and lOd. money forsaid for eight
days shearing and ane halfe wrought be them to Agnes Lillie
sister german to the said Robert and for which he promised
payment with 6sh. of expenses eoc coirfessiojie rei.
Claim. The qlk day William Moffit in Over Stitchell is judicially
decerned to make payment to Marion Doiiglasse relict of the
deceist Gustavus Young 42sh. Scots money in compleit pay-
ment of 31ib. Scots acclamed for certain particulars conteind
in ane fettit accompt In respect the said William Moffit de-
ferred the truth of the rest of the debt to the said persewers
oath who refused to depone and therfor assoilzied him from
the same with 6sh. of expenses.
i full of Bear The qlk day Euphan Lamb in Stitchell is judicially decerned
to delyver to Thomas Whyte ther half ane fulle of beare
eatten and destroyed be the defenders Bestialls or 12sh. as
the pryce therof ecc confessione rei with 4sh. of expenses.
Claim. The qlk day Robert Hammiltone in Stitchell is judicially
decerned to make payment to William Mill servitor to John
Donaldsone ther 6 punds lOsh. Scots money for the remainder
of thrie halfe years fee wrought be the said Compleaner to the
said Defender foure years since or therby ex confessione 7'ei
with ISsh. and 4d. of expenses.
Boll of Bear The qlk day Robert Lillie smith in Stitchell is judicially
^^' decerned to make payment to George Pringle Maltman ffewar
in Kelso 71ib. Scots money as the agreed pryce of ane Boll
of Beare bought be him be the Compleaner ane year since
with 8sh. as the anwelrent therof mair 28sh. as the pryce of
certain yron ex confessione rei with 20sh. of expenses.
Claim. The qlk day John Gotrae in Stitchell is judicially decerned
to make payment to Alexander Robesone Maltman ther ISlib.
8sh. pairtly borrowed pairtly for Aill and other particulars
conteind in ane accompt In respect the said persewar referred
the truth of the debt to the defender's oath who deferred the
samyn to the persewar's oath who deponed positive with 20sh.
of expenses.
Boll of Rye The qlk day William Hoggard wester in Stitchell is judi-
^6. 6. 8. cially decerned to make payment to William Trumbell 6 punds
6sh. 8d, Scots money as the pryce and worth of ane Boll of rye
i674] BARON COURT OF STITCHILL 73
bought be him from the said Compleaiier two years since ex
confessione rei with 12sh. of expenses.
The qlk day James Smith herd in Queenscairne is judicially Ewe 5 merks.
decerned to make payment to James Purves in Ednem 5 merkes
Scots money as the modified pryce and worth of ane milk ewe
taken in herding from the Compleaner and did never delyver
back the samyn nor skin nor lambe therof ex confessione rei
with 12sh. of expenses.
The qlk day John Hoggard called Calsa End is j udicially Bear,
decerned to make payment to William Watsone gardner in
Stitchell 181ib. 15sh. Scots money as the pryce and worthe of
certain bear bought and receaved be him from the said Com-
pleaner two year and three monethe since Including the
anwelrent therof faithfullie promittit be him In respect he
did not compeare being lawfully summoned with 2 merkes
expenses.
The qlk day Robert Hammiltone in Nether Stitchell is Fees,
judicially decerned to make payment to William Ramsay
servitor to James Hoggard ther 14 punds Scots money as
the remainder of certain fies wrought be him to the said
Defender Thrie years since or therby In respect of the per-
sewers referring the truth of the debt to the Defenders oath
who deferred the samyn backe to the persewars oath who
deponed positive with 14sh. of expenses.
The qlk day Robert Tayler in Queenscairne is judicially Double
decerned to make payment to John Stewart in Stitchell Mill ^
Dowble Multure of ane Boll of wheat and malt abstracted
from the Mill of Stitchell contrair to the Acts of Court ex
confessione rei with 6sh. of expenses.
The qlk day Alexander Lowry in Nether Stitchell is Deforcing, etc.
judicially decerned to make payment to William Lowrie Pix)-
curator ffiscall of the Court iy\G punds Scots money for de-
forceing the Officer in executione of his office and disobeying to
plough the Masters ground when he was requyred to doe the
samyn And also Robert Tayler is judicially decerned to make
payment to the said Procurator ffiscall of fyve punds Scots
money for abstracting of ane Boll of wheat and Malt frae the Abstracting
Mill of Stitchell contrair to the Acts of Court ex confeuume'"^*^^
rei.
74
THE MINUTES OF THE
[1674
Claims.
7 full oats,
6 full oats
6 full pease,
The qlk day William Hoggard eister in Nether Stitchell
James Hoggard ther, Robert Hammiltone ther, Richard Tayler
in Queenscairne, Thomas Lamb in Over Stitchell and John
Gotrae in Nether Stitchell to make payment to Robert Lillie
smith in Stitchell the severall sowmes of money victyall and
others underwritten for the causes following ilke ane of them
for ther awn pairts as is efter divydit To witt the said William
Hoggard the number and quantity of seven fuUe of oats or
Tlib. 4sh. Scots money as the modified pryce therof mair 20sh.
and 8d. money for certain smith worke wrought be the said
Robert Lillie to him. Item James Hoggard 6 fulles of oats or
Tlib. 4sh. as the modified pryce therof mair 56sh. 8d. for smith
worke. Robert Hammiltone 6 fulls of oats or Tlib. 4sh. as
the modyfied pryce therof Richard Tayler 31ib. 3sh. 8d. for
certain smith worke. Thomas Lamb Glib. 8sh. money for
certain smith worke John Gotra 6 fulles of pease or Tlib.
4sh. as the modifyed pryce therof mair ane Boll of oats or
Glib, as the modifyed pryce therof mair 81ib. 19sh. money for
certain smith worke wrought be the said Robert Lillie to him
And decerned the said William Hoggard, Ja Hoggard, and
Robert Hamiltone to pay to the said Robert Lillie ilk ane of
them of expenses of pley Richard Taylor and Thomas Lambe
ilk ane of them 8sh. of expenses of pley, John Gotrae 20sh. of
expenses of pley In respect the haill persones above writt com-
peared personallie and confessed the sowmes above written to
be justlie adebted to the said Compleaner except William
Hoggard who deferred the truth of his debt to the said Robert
Lillie his oath who deponed positive.
Ita est Jacohus Pringle Notar. puhlkus cler. attestor.
(49)
1674, Dec. 12.
Harvest (ee/^y.
Ane Head Barron Court halden at Stitchell Kirk be Robert
Pringle of Stitchell Heretable Proprietor of the Lands and
Barronie therof upon the 12th day of December 1GT4.
The qlk day Robert Lillie smith in Stitchell is judicially
decerned to make payment to William Service ther Tlibs
Scots money for ane Harvest fie for the year 1GT3 in respect of
the defenders confessioun.
The qlk day Thomas Lamb in Over Stitchell is judicially
decerned to make payment to James Service the sowme of
1 674] BARON COURT OF STITCHILL 75
5Iib. 13sh. four pennyes for halfe a years fie for the year 1672 Fee J year
in respect the Defender has compeared and confest. ^^'
The qlk day James Leitheid and George Nisbett is judicially Shoes 5s. 6d.
decerned to make payment to George Wood in Nether Stit-
chell the particular sovvmes under mentioned the said James
Leitheid 5sh. 6d. as the pryce of shin, George Nisbet, 6sh.
also for shin in respect of the defenders confessions.
The qlk day William Moffit in Over Stitchell is judicially Naig.
decerned to make payment to George Murrie in Coldstream
lOlib. 18sh. Scots money as the remainder of the pryce of a
black stonnid Naig bought and receaved be the Defender from
the said Compleaner at Pasch last year 1673 ea^ confessione rei.
The qlk day John Gotrae in Stitchell is judicially decenied Peats 4 merks.
to make payment to William Sked in Falsyde four merks
Scots money as the pryce and worth of a Stack and a half of
peats bought be the Defender from the Compleaner S years
since or therby. In respect of the defenders absence.
The qlk day the haill inhabitants within the Toun of l^o"se rent or
Stitchell are judicially decerned to make payment to John
Underwood 12d. Scots each house bald yearly for the . . . years
in respect of the former Acts of the Court.
The qlk day Robert Hogg in Stitchell is judicially decerned Fee^yr. ^^4.
to make payment to Margrat Marshall in Facithill the sowme
of 41ib. Scots money for halfe a years fie wrought be the Com-
pleaner to the said Defender and that fra Whitsunday 1672 to
Mertimes 1673 In respect of the Defenders absence.
The qlk day William fford servitor to James Hoggard in Feej yr. 40s.
Stitchell is judicially decerned to make payment to Andro
Robeson ther or at least to Alex Robeson his son 40sh. Scots
money for halfe a years fie wrought be the said Alexander
Robesone to the said Defender fra Mertims 1672 to Whit-
sunday 1673 in respect of the Defenders absence.
The qlk day William Hoggard now eiater in Stitchell isl^UofPeas
judicially decerned to make payment to George Patersone in **"
Galloshealls and Mart Douglas his spous lOlib. Scots money
as the pryce and worthe of ane Boll of peat undelyvered of
three Bolls qlk he should have delyvered about 4 years or
therby in respect of the persewars oath being deferred to be
the defender.
76 THE MINUTES OF THE [1674
Shearing and The qlk day William Hoggard now eister in Stitchell is
ireas. jy(ji(.jg^||y decerned to make payment to James Thomson
servitor to the Laidy Stitchel 38sh. Scots money for shearing
and draught of his Naig in harvest last 1673 ex confessione
rei.
Wood ^9. The qlk day James Leitheid in Nether Stitchell is judicially
decerned to make payment to George Nisbet ther Nyn punds
Scots money as the pryce and worth of certain dealls and
trees bought and receaved be the said defender from the said
Compleaner 2 years since or therby.
Oats ;^8 per The qlk day James Smith and Alexander Lawrie in Queens-
cairn is judicially decerned to make payment to William
Taylor ther the number of 3 fulles of Muckitland oats eaten
and destroyed be the defenders bestiall and apprysed be the
sworn men or else 81ib. as the pryce and worth of the Boll
therof In respect of the pursuers oath being referred therto
be the defender.
Corn £(). 17. 6. The qlk day William Moffit in Over Stitchell is judicially
decerned to make payment to John Smith ther Nyn punds
17sh. 6d. Scots money as the pryce and worthe of certain
Corne bought and receaved be the said Defender from the
said Compleaner 2 years since or therby ex confessione rei.
Debt. The qlk day John Gotrae in Nether Stitchell is judicially
decerned to make payment to William Trumbell ther the
sowme of 41ibs. Scots money borrowed and receaved be the
said Defender from the said Compleaner the space of 6 years
since or therby ex confessione rei.
Ita est Jacobus Pringle Notarius puhlicus cler. attestor.
^ (50) Ane Court halden at Stitchell Kirke upon the last day of
1675, July 31. ^ ''
July 1675 be Robert Pringle of Stitchell heretable proprietor
of the Lands and Barronie therof.
Curia legittime afflrmata.
Grass-rent ;^3. The qlk day Thomas Lamb in Over Stitchell is judicially
decerned to make payment to William Moffit ther the sowme
of 3 libs. Scots money as the grass maill of ane Nolt which was
taken be the Defender from the said Compleaner in aniio 1674
and which nolt he did not grass conform to his conditione In
respect of the persewars oath being deferred to be the Defender.
i675] BARON COURT OF STITCHILL 77
The qlk day John Hoggard Calsa End is judicially decerned l^^^^s^^^s""^
to make payment to Alex Lowrie in Queenscairne the sowme
81ib. 6sh. Sd. Scots money as the pryce and worthe of sex
Dunments and ewes bought and receaved be the Defender
from the Compleaner in anno 1673 ex confessione rei.
The qlk day Robert Hopper in Over Stitchell is judicially Main and
decerned to make payment to Margrat Scott ^ Lady of Queens-
cairne the sowme of lOlib. Scots money for ilk Boll, of sex
Bolls 3 fulls of beare compting fyve fulls for ilk Boll with 2
merks money as the pryce and worthe of ilk peck of three
Bolls with a full of oatmeall and quit for the maill and dewty
of the land possesst be him perteining to the persewer in
lyfrent for the crop 1674 ex confessione rei.
The qlk day Thomas Wood in Stitchell and Margrat 3 half fulls of
Underwood his spouse is judicially decerned to make payment °^ ^ ^^' ^'
to William Lawrie Officer ther three halfe fulls of oats eatten
and destroyed be the Bestiall of Thomas Neuton and John
Lamb in Neuton and for which the said defenders becam
Cautioner for them or else 31ib. 2sh. as the pryce and worthe
ther of ex confessione rei.
The qlk day James Campbell in Stitchell is judicially Fees,
decerned to make payment to George Nisbett ther eleven
punds 17sh. 4d. Scots money as the remainder of fyve halfe
years fie and bountith wrought be the said Defender to the
said Compleaner 3 or 4 years since or therby In respect of the
defenders absence.
The qlk day Richard Concurr in Dunse is judicially decerned Ale and Beer,
to make payment to Alexander Robeson Maltman in Stitchell
the sowme of 50sh. Scots money as the pryce of certain Aill
and Beer drunken be the said Defender conform to ane futtet
accompt maid betwixt them ane moneth since or therby in
respect of Margrat Johnstone spous to the Compleaner her
oath being deferred therto be the defender.
Ita est Jacolnis Prhigie Notarhui publiciis cler. attestor.
1 She was widow of John Pringlc, eldest son of Robert (the first laird) who
predeceased his father. It would be this old lady who concealed William
Veitch, the Covenanter, in Queen^cairn, when the soldiers were seeking for him
all round the house after the Conventicle of Fogo Muir about 1676.
78
THE MINUTES OF THE
[1675
(51)
1675, Nov. 12.
I Stack Peats
4 merks.
4 fulls of Oats
I Boll kiln-
dried pease
Claims.
Muck i2s.
t; Pecks Meal
is.
I peck meal
35s.
(52)
1676, Dec. 19.
The qlk day James Campbell in Stitchell is judicially de-
cerned to make payment to Robert Edgar in Rummeltonlaw
four merkes Scots money as the pryce and worth of a stack
of peats bought and receaved be him from the Compleaner at
Lambes last with 8sh. for mawing of grass ex confessione rei.
The qlk day Agnes Lillie relict of umquhyle Patrick Giffane
in Runningburne is judicially decerned to make payment to
William Service in Stitchell the sowme of 41ib. Scots money
as the modifyed pryce of 4 fulls of oats as the remainder of
521ibs. money conteind in a Bond made and granted be the
said umquhyle Patrick Giffane to the Compleaner in July 1672
In respect of the defender compeared personally and confest.
The qlk day John Gotrae in Stitchell is judicially decerned
to make payment to David Robesone gardener at Eist Rox-
burgh the sowme of lllib. Scots money as the true pryce
delyvered be the Compleaner to the Defender for ane Boll of
Kiln-dryed peis qlk he should have delyvered at Mertimes
last ex confessione rei.
The qlk day John Gotrae in Stitchell is judicially decerned
to make payment to Alisone Hammiltone in Stitchell the
sowm of 12sh. Scots for muck with ane full and 3 capfuUs of
oats for herding of the defenders bestiall ex confessione rei.
The qlk day John Smith at Park End Cautioner for William
Moffit in Stitchell is judicially decerned to make payment to
James Dasone in Harpertone the sowme of 51ibs. Scots money
as the remainder of certain corne bought be the said William
Moffit from the Compleaner a year and a half since ex con-
fessione rei.
Tlie qlk day David Hoggard in Stitchell and Robert Hoge
in Stitchell are judicially decerned to make payment to Peter
Corbraith in Ednam the severall sowmes of money under-
written for the causes following To witt the said David Hog-
gard the sowme of eight pound as the pryce and worth of fyve
peckes of oatmeall bought and receaved be him from the said
Compleaner at Pasch last and the said Robert Hopper 35sh.
as the pryce of ane peik of meall bought and receaved fra the
said Compleaner at the tyme forsaid.
Ane Head Court halden at Stitchell Kirk upon the 19 day
1 6/7] BARON COURT OF STITCHILL 79
of December 1676 Be Robert Pringle of Stitchell Heretable
Proprietor of the Lands and Barronie thereof.
Curia legittime affirmata.
The qlk day Andro alias David Hoggard in Nether Stitchell Claims,
was judicially decerned to content and pay to George Pringle
Maltman fFewar in Kelso the sume of seven pounds 15sh. 2d.
Scots money as the pryce of certain iron and other merchand
goods bought and receaved be the said David Hogard from
the said Compleaner ane certain tyme bygain ex confessione
rei.
The qlk day Andro alias David Hoggard in Stitchell and
Robert Lillie smith ther is judicially decerned to content and
pay to Margrat Turnbull relict of umqhle William Courtney
Indweller ther the sumes of money underwritten for the causes
following To witt, The said David Hoggard the sum of 91ib.
17sh. Scots money conforme to ane particular futtit accompt
herewith produced In respect thereof David Hoggard com-
peared and denyed the said Compt which the said Margrat
instead of all farther probatioun referred the samyn to his oath
who deferred the samyn to her oath who deponed positive.
The qlk day James Campbell Indweller in Stitchell is judi- The Moss of
cially decerned to content and pay to John Wilson ther the ""™^'
sume of 20sh. Scots money for not leiding of ten load of peits
from the Moss of Home to Stitcliell with 5sh. Scots of the
damnage of a yard whether the defender had conditioned with
the Compleaner upon the Judges modificatioun.
Ane Head Court halden at Stitchell Kirk upon the 15th (53)
day of December 1677 be Robert Pringle of Stitchell heretable ' ^' * '^"
proprietor of the Lands and Barronie tlierof.
Curia legittime affirmata.
The qlk day George Hamiltone son lawfull to Margrat
Dicksone in Nether Stitchell, George Hammiltone eister there,
Gavin Utterstone servitor to Bessie Turnbull ther, William
Ramsay indweller ther, Robert Hammiltone indweller ther,
Ritchard and Robert Tayloi*s in Queenscairne, and Andro
Watson ther is judicially decerned to make payment to
William Lowrie Procurator ffiscall of the said Court the
several 1 sums underwritten for the causes following, ilk ane of
80 THE MINUTES OF THE [1677
them for their own pairts as is efter divydit To witt the said
George Hammiltone and the said George Hammiltone eister ilk
ane of them fyve pounds Scots money for ryots hinc inde upon
Riot ;^5. uthers, in respect being proven be famous witnesses. The said
George Hammiltone son to the said Margrat Dicksone the
Cutting Ash sum of lOlibs. Scots money for cutting of ane esh tree belong-
ree^ro. ^^^ ^^ ^j^^ right honourable the Laird of Stitchell in respect
of his confessioun. The said Gavin Utterstone, and William
Ramsay ilk ane of them in fyve pounds Scots money for ryots
comitted be them hinc inde upon uthers in respect being
proven be famous witnesses. The said Robert Hammiltone
Stealing pease 30sh. Scots money for steiling away takeing be himselfe and
Alexander Greenslae his servant of certain sheaves of peis
belonging to the Teynd. The said Ritchard and Robert
Taylors in Queenscairn and Andro Watsone ther, ilk ane of
Unteinded corn them fyve pounds Scots money for Leiding their cornes in
-^5- harvest last unteynded contrair to the Act of Court In respect
of their awn confessiouns being all personally pled wherfor the
Judge decerned in manner forsaid.
Kain Fowls. The qlk day anent ane Complaint given in to the Court
that the haill tennents of the Barronnie of Stitchell did not
thankfully pay in their Kain Foulls dew and lyable in payment
be them and ilk ane of them of the dew proportiouns of their
Kain Foulls in dew tyme Therfore the Judge present with
consent of the haill tennents being present for the tyme decern es
the haill tennents to pay and delyver in the Kain Foulls to ther
Maister in dew tyme conform to their Tacks good and suffi-
cient to pleas the Lady of Stitchell or her order, or else to pay
for ever of Kain FouU the sume of 8sh. of Scots money in caus
of not delyverie Always at the said Lady her optione And this
Sentence and ordinance to stand in force in all tyme comming
and ordains the officer to put the samyn to dew executions.
Oats. The qlk day Robert Hammiltone in Nether Stitchell is
judicially decerned to make payment to Walter Gremslae ther
halfe ane Boll of oats yeirly conforme to the rate of the Mercat
ay and till the said Compleaner be fullie satisfied and payed
of the sowme of nyne pounds Scots money as the remainder of
certain fees wrought be Issobell Nisbett sister in law to the
Harden. said Compleaner with ane ell of harden or 4sh. as the pryce
1677] BARON COURT OF STITCHILL 81
therof. Ane ell and a halfe of plaiding or 12sh. as the pryce piaiding.
therof. And modifyed 30sh. for the 50sh. lybellie conteind
in the last Article of the lyble eoo confessione rei with 20sh.
money of expenses.
The quilk day Robert Lillie smith in Stitchell is judicially
decerned to make payment to Walter Lowrie in Rinningburne
the sowme of 36sh. Scots money as the pryce and worthe of
three halfe fulles of oats whilk the said Robert should have 3 half fuiies
dely vered to the said Compleaner as the remainder of a sowme
of teynd in a Decreit obtained at the said Compleaners in- Teind.
stance against him ex confessione rei and assoilzies the said
Robert Lillie for the 20sh. lybeld as the pryce and worthe of
ane iron grape brought in be the said Walter Lowrie to the graip 20s.
said Robert Lillie his smiddy and not redelyvered In respect
the said Robert his oath of verity given theranent being
referred to the said Walter Lowrie with 6sh. 8d. of expenses of
pley.
The qlk day James Lamb in Stitchell is judicially decerned Bear 12s.
to make payment to James Lowrie ther the sowme of twelve
sh. Scots money as the pryce and worthe of the halfe of halfe
a full of bear and halfe a peck eatten and destroyed be the
said James Lamb his bestiall in Summer last ex confessione rei
with 4sh. of expenses and assoilzies the said James Lamb for
the full of oats lybeld in respect prescribed by the Act of
Court.
The qlk day Walter Lowrie in Rinningburne is judicially half year's fee
decerned to make payment to William Nisbett in Over Stit- ^^'
chell the sowme of thre punds Scots money for halfe a years
fie wrought be the said William Nisbett his sone to the said
Walter Lowrie ex confessioTie rei with lOsh. money of expenses.
The qlk day Andro alias David Hogard in Nether Stitchell Service,
and Elspeth ffairbairne sometime indweller ther and now at
Neuton Mill for her interest is judicially decerned to make
payment to Adam Neill in Stitchell the sowme of three punds
Scots money adebted be the said Elspeith ffairbairne to the
said Compleaner in respect she fied William ffairbairne her
brother to serve him half ane yeirs tyme and that fra Candle-
mas last 1677 to Michaelmas last who entered home to his
service and remained about the space of 9, moneth or therby
F
82 THE MINUTES OF THE [1677
and thereafter deserted his said service wherfor the Judge
modifyed the said Elspeth fFairbairne and Andro alias David
Hogard in whose hands the said sowme of three punds was
arreisted to make the samyn furth cumming with 6sh. 8d. of
expenses in respect the said Elspeth fFairbairne compeared
and confest and the said Andro alias David Hoggard being
lawfully summoned ofttymes called and not compel red was
halden confest.
Schoolmaster. The qlk day Alexander Robesone Maltman in Stitchell is
judicially decerned to pay to John Turner Schoolmaster ther
the sum of 35sh. 6d. Scots money receaved be the said Alex-
ander Robesone — John Robesone his servitor from Thomas
Willobie Merchand in Berwick to be delyvered to the said
John Turner and which never was delyvered be them In
respect of the said Alexander Robesones confessioun of the
recept of the money but declared it was sent to him for ane
debt dew be the said Thomas Willobie to himselfe and the
truth wherof he referred to the said John Turners oath of
verity who deponed positive that the said 35sh. Scots money
was dew to himselfe and assoilzied the said Alexander Robe-
sone from the rest of the sowme of 6sh. 2d. sterling money
with 6sh. 8d. of expenses.
The qlk day Robert Lamb in Stitchell and John Gotrae
ther for his interest is judicially decerned to make furth cum-
ming payment to John Turner schoolmaster ther 23sh. 4d.
Scots money arreisted in the hands of the said Robert Lamb
debitor to the said John Gotrae at the Compleaners instance
about Whitsunday last for payment making to him of four
merkes ex confessione rei.
Eaten Oats. The qlk day anent ane Complaint given in be Bessie Turn-
bull relict of umqle James Hoggard in Stitchell against Robert
Lamb indweller ther, and that wherby the defenders bestiall
did eat and destroy to the said Compleiner the number and
quantity of Thrie fulls of oats apprysed be the sworn men in
harvest last And in respect the defender did compear personally
and denyed that his bestiall did eat the said oats and the
pundler also present could not clear the samyn neither could
the persewer prove the eatting therof but declared that the
said Robert Lamb his grass lay next ajacent to the said
1678] BARON COURT OF STITCHILL 88
Bessie Turnbull her cornes. And therfor alledged the ajacent
grass should keip the wins. And it being matter of neighbour-
hood and of ane weighty concernment amongst the tennents the
Judge present referred the matter debaittable to the decision
and knowledge of John Donaldsone, Robert Hamiltone, James
and John Lamb, James Campbell, and John Smith to report
who thought it just and reasonable that every persones grass
within the said Barronnie of Stitchell and possessoirs therof
should keip their neighbours ajacent wins without it be proven
that other beasts did eat the samyne and therfor the Judge
present with consent of the fornamed persons and tennents being
conveined for the tyme has decerned and inacted and be thir
pntts inacts and decernes for futur trouble in tyme cumming
that every persons grasse next ajacent to ther neighboui-s
corne shall keip the grasse without it be otherways proven that
others beasts eat and destroy the samyne and this Act to stand
in force in tyme cummeing.
Ane Heid Court halden at Stitchell Kirk be Robert Pringle (54)
of Stitchell heretable proprietor of the lands and Barronnie ^^ ' ^^' ^^'
therof upon the 14 day of December 1678 years.
Curia legittime afflrmata.
The qlk day Robert Lillie smith in Stitchell is judicially Sugar loaves,
decerned to make payment and deliverance to John Stewart in
Stitchell Mylne the number and quantity of three suggar loaves
adebted and restand and awand be him to William Hopper
merchand in Stitchell. And grants the said John Stewart had
good and undoubted right be virtue of ane assignation granted
be the said William Hopper to him and intimatioun following
therupon. In respect the said Robert Lillie being personally
pntt and confest the samyne to be in his custody and powr
wherfor the Judge decerned in manner forsaid with 12sh. of
expenses of pley.
The qlk day Robert Giffan in Stitchell is judicially decerned Fees,
to make payment to Alexander Stott servitor to Robert
Taylor in Queenscairne the soume of 24sh. Scots money as the
lemainder of 71ib. 9sh. for certein feis wrought be the said
Compleiner to the said Defender about 3 years since. In
respect the Defender compeired personally and confest the
84
THE MINUTES OF THE
[1678
samyn to be restand awand wherfor the Judge decerned in
manner forsaid with 8sh. of expenses of pley.
(55)
1679, Dec. 20.
Half year's fee
50s.
i ell linen and
I ell harden los,
Wort stain
4 marks.
Debts.
Weights.
7 Half fuUes of
Oats 40s.
Ane Heid Court halden at Stitchell Kirk be Robert Pringle
of Stitchell heretable proprietor of the Lands and Barron nie
therof upon the 20th day of December 1679 years.
Curia legittime affirmata.
The qlk day Margrat Turnbull in Stitchell and Thomas
Courtney her sone are j udicially decerned to make payment to
James Dicksone in Home the soume of 50sh. Scots money as
half ane yeirs fie wrought be the said Compleiners daughter to
the said defenders about seven years since or therby with lOsh.
as the modified worthe and pryce of halfe ane elle of Linning
and ane ell of harden as bountith ex confessione rei with 6sh.
8d. of expenses.
The qlk day Robert Lilly smith in Stitchell is judicially
decerned to make payment to William Dickson in Ednim
the sowm of 4 merks Scots money as the pryce and worth
of a wort-stain bought be the said defender from the Com-
pleiner a certain tyme bygain ex confessione rei with 4sh. of
expenses.
The qlk day David Haggard in Stitchell and William Hog-
gard eister ther are judicially decerned to make payment to
Margrat Turnbull in Stitchell the severall soumes of money
underwritten ilk ane of them for ther own pairts as is efter
divyded To witt the said David Hoggeard the sowme of 3
pounds 5sh. Scots money borrowed and receaved be him fra
the said Compleiner ane year since or therby ex confessione rei
with ... of expenses.
The qlk day Robert Giffan in Stitchell is judicially decerned
to delyver to John Stewart indweller ther, ane half a stane
weight and two pound weight which was borrowed be him
from the said Compleaner and detained be the said defender
from the said Compleaner, and borrowit by defender, or els to
delyver to him the sowmc of 50sh. Scots money as the pryce
and worth therof ex confessione rei.
The qlk day James Ker at Stitchell Mylne is decerned to
make payment to John Stewart in Stitchell the sowme of 40sh.
Scots money as the modified pryce and worth of seven halfe
i68o] BARON COURT OF STITCHILL 85
fulles of oats eatten and destroyed be the defender's bestiall in
summer last and apprised be William Lawrie and Robert
Hammiltone ordinar apprisers In respect the defender pntt con-
fest the samyn and therfor the Judge modified and decerned
in manner forsaid with 6sh. 8d. of expenses.
The qlk day John Turner in Nether Stitchell and John Debts.
Wilsone at the Craig End is judicially decerned to make pay-
ment to James Lamb in Over Stitchell the severall soumes of
money underwritten ilk ane of them for their own pairts as is
efter divydit To witt the said John Turner the sowme of 40sli.
Scots money as the modified pryce and worth of two ... of
hay eaten and distroyed by said defender's bestiall and which
was apprised be John Gotrae, John Smith, and Thomas Why te
ordinar apprysers Item the said John Turner and John Wilson
the soume of 40sh. money forsaid equally to be payed betwixt
them ex confessione rei with Ssh. of expenses.
The qlk day Margrat Turnbull in Stitchell is judicially de- Malt.
cerned to make payment to George Pringle fewar in Kelso the
soume of 31ib. 9sh. Scots money as the remainder of certain
malt bought and receaved be her fra the said Compleiner three
yeares since or therby In respect of the perse wars oath being
referred to be the said defender who deponed positive with
expenses.
Ane Court halden at Stitchell Kirk be Robert Pringle of ^^g^ (56).^^
Stitchell heretable proprietor of the Lands and Barronnie
therof upon the nyntein day of Apryle 1680 years.
The qlk day Andro Geills in Home Byres and Andro Hud
indweller in Rummilton Law is judicially decerned to make
payment to William Lowrie Procurator ffiscall of the said
Court the soumes of money underwritten the said Andro Geills Blood /lo.
the soume of ten pounds Scots money and that for a Blood
comitted be him upon the said Andro Hud upon the 9th
day of Apryle 1680 years in respect of . . .
The qlk day Robert Lillie smith in Stitchell is judicially Debt,
decerned to make payment to Margrat Turnbull in Nether
Stitchell the soume of 151ibs. Scots money borrowed and
receaved be the said defender from the said persewar about
three years since or therby In respect of the said Robert Lillie
ing Lint.
86 THE MINUTES OF THE [1680
his own confessioun with 20sh. of expenses of pley wherfor the
Judge decerned in manner forsaid.
(57) Ane uther Court halden at Stitchell Kirke the 7th of August
1680. August 7. ^Q^Q ^^^^g ^^ the Right worthy Rohert Pringle of Stitchell
heretable proprietor of the Lands and Barronnie therof.
Curia legittime affirmata.
Fine for steep- The qlk day the severall inhabitants within the town of
Stitchell are judicially decerned to make payment to William
Lowrie Procurator ffiscall the soume of . . . Scots money ilk
ane of them And therfor a fyne and amerciament imposed
upon them for laying in into the Water of Eden and uther
running waters ther Lint to the great prejudice of the Leidges
and killing the fishes contrair the Acts of Parliament and
Laudable Lawes of this Kingdom.
Riot ^5. The qlk day Robert Giffan in Stitchell is judicially decerned
to make payment to William Laurie Procurator ffiscall the
soume of five pounds Scots money and that for ane Ryott
comitted be him upon Adam Hoggard indweller ther ex con-
fessione rei.
Fee. The qlk day Robert Lillie, smith in Stitchell is judicially
decerned to make payment to Adam Hoggard ther the soume
of 81ibs. 6sh. Scots money as the remainder of ane years fie
wrought be Issobell Nisbett his spouse to the said Robert
Lillie about fyve years since or therby.
Debt. The qlk day John Gotrae in Over Stitchell is judicially
decerned to make payment to Thomas Courtney Chapman in
Stitchell the soume of SSlibs. Scots money adebted and restand
awand be him to umqle William Courtney father to the
said Compleiner and which is confirmed in her umqhle
fathers Testament And sichlyke Robert Hammiltone indweller
ther is decerned to pay to the said Compleiner the soume of
SSlibs. 4sh. money forsaid adebted restand awand be him to the
said umqhle William Courtney and contained in his confirmed
Testament ex confessione rei.
The qlk day Alexander Robeson in Nether Stitchell is
judicially decerned to make payment to Robert Lillie smith
ther the soume of 91ibs. Scots money and that for certain
work wrought be the said Compleiner to the said defender in
i68o] BARON COURT OF STITCHILL 87
respect of William Watson andJames Pringle their determina-
tion to whom the business was referred ex consensu partis,
Ane Barron Court of Stitchell halden at Stitchell Kirk be ^„ '(sf )
1680, Xov. 27.
Robert Pringle of Stitchell heretable proprietor of the Lands
and Barrony therof upon the 27 day of November 1680 years.
Ciiria legittime affirmata.
The qlk day Robert Hammiltone in Stitchell is judicially Fee/'s. 6. 8.
decerned to make payment to James Hammilton weiver there
the sowme of six punds 4sh. Scots money for the causes follow-
ing To witt Three punds 6sh. 8d. for a harvest fie wrought be
the said Compleiners wyfe to the said defender about 3 years
since or therby with 6sh. as the pryce of 27 herring for supper 27 herring 6?.
kitchen^ and 31ibs. Ish. for work wrought be the said Com-
pleiner to the defender about a year since or therby In respect
the said defender compeired personally and confest the samyn
to be aworhtand deducinoj therof 12sh. for 3 fodder of corn
loading.
The qlk day Richard Taylor in Queenscairn is judicially Debt,
decerned to make payment to Alex Robeson malter in Stit-
chell the soume of 81ibs Scots money borrowed and receaved
be him fra the said Alexander Robesone about a year since
past at Lambes last ex confessione rei.
The qlk day Richard Taylor in Queenscairne is judicially
decerned to make payment to Margrat Turnbull in Stitchell
four punds lOsh. Scots money pairtly borrowed and pairtly for
drink about four years since or therby Being lawfully summoned
and not compeired was halden as confest.
The qlk day John Hoggard called Calsa End is judicially Absolvitur.
assoilzied fra the sowme of 31ibs. Scots money alledged adebted
and restand awand be him to James Ker in Stitchell Mylne
as the remainder of the pryce of a meir bought and receaved
be the said John Hoggard fra the said James Ker upon the
25 day of July last bypast. In respect the said James Ker
referred the truth therof to the said John Hoggard his oath
who being present deponed negative Wherfor the Judge
assoilzied.
The qlk day John Turner in Carchesters is judicially house rent /la
decerned to make payment to Williani Purves in Stitchell and
88 THE MINUTES OF THE [1680
Margrat Richisone his spous the soume of ten punds Scots
money as the maill and duety of ane hous sett be the said
John Turner to the said William Purves at Whitsunday last
which hous was ruinous and therfor the said William could not
enter therto as also failzied to suffer the said William Purves
to plant three capfulls of Lint seid and halfe a full of peis and
half a pecke of beans wherfor the said Compleiner and his said
spous is damnified in the said sowme of ten present In respect
the said Jolm Turner being lawfully summoned after tymes
called and not compeirand was halden as confest.
1681 ^ Mnl I ^"^ Barron Court of Stitchell halden at Stitchell Kirk be
Robert Pringle of Stitchell heretable proprietor of the Lands
and Barrony therof upon the 14th day of March 1681 years.
Curia legittime affirmata.
Bringing home The qlk day Cathrein TurnbuU relict of the deceist James
the millstone. Campbell in Nether Stitchell is judicially decerned to make
payment to John Stewart ther the sowme of three punds Scots
money as his proportionall pairt for bringing home the Mill-
stone^ conform to the cast for the space of six years preceding
his decease In respect the saids pairties present the said
Cathrein Turnbull defender deferred to the said John Stewart
his oath who deponnid positive.
The qlk day Cathrein Turnbull, relict of the deceist James
Campbell in Nether Stitchell is judicially decerned to make
payment to Adam Hoggard ther the suim of 291ibs. 7sh. Scots
money counted and reckoned betwixt the Compleiner and
defender upon the 6 January last bypast as the remainder of
certain fies wrought be the said Compleiner to the Defender
Half year's fee preceiding the said day Item the sowme of 81ibs. money as
£8^and 4 pair j^^j^ ^ ^^^^^ ^^ ^^^^ Whitsunday 1680 to Mertimes 1680
last bypast with four pair of hose for the Compleiners use
and his wifes or 44sh. as the pryce and worth therof In
4 pair hose or rcspcct the Said defender compeired personally and confest the
44s.
samyn.
^ This was accomplished by inserting a young ash-tree through the aperture
of the millstone, and using it as an axle ; all the neighbours taking turns in
groups to trundle the millstone along the road without injuring the grinding
surfaces.
i68i] BARON COURT OF STITCHILL 89
Ane Held Barron Court of Stitchell halden at Stitchell (59)
Kirke be Robert Pringle of Stitchell heretable proprietor of '
the Lands and Barrony therof upon the 26 of November
1681.
Curia legittime affirmata.
The qlk day Cathrin Turnbull relict of the deceast James 3 fu^s oats ^3.
Cambell in Nether Stitchell is judicially decerned to make
payment to Robert Lillie smith ther the soume of 31ibs. Scots
money as the pryce and worthe of 3 fulles oats or else the said
3 fulls of oats with 15 sheaves of shairping come In respect of
her confessione.
The qlk day Thomas Milne in Stitchell is judicially decerned eaten Corn,
to make payment to Alexander Lowrie in Queenscairne the
soume of 15sh. Scots money and that for certain eatten corne
destroyed be the said Thomas Mylne his bestiall in harvest
last apprysed be the ordinar sworn men within the Barrony
wherfor the Judge modified in manner forsaid.
The qlk day Walter Lowrie is decerned to pay to William Fees.
Moffit in Nether Stitchell the soume of 4 merkes Scots money
for certain fies wrought be the said persewar to the said
defender In respect of the defenders awn confessione.
The qlk day John Hoggard called Calsay End is judicially Cord iner's Shoes
decerned to make payment to John Dicksone cordiner in ^ ^'
Stitchell the sowme of 38sh. Scots money as the pryce and
worth of certain shoes bought and receaved be him fra the
Compleiner In respect the said defender compeired personally
and confest the samyne.
The qlk day Walter Lowrie in Rinningburne is judicially Oats and
decerned to make payment to John Hoggard called Calsay °^^'"^"
End the sowme of 2lib. 18sh. Scots for certain oats and mawing
In respect of his own confession.
The qlk day George Hammiltone in Stitchell is judicially
unlawed and amerciatt to pay to the Procurator ffiscall fyve
punds Scots money for taking out of some nolt beasts out of
George Miller at Stitchell Mill his stable at his own hands
and brak up the said Compleiners stable door and took out Breaking Stable
the samyn at his own hands without any order efter they were ^^'
taken out be the Compleiners servands and found pasturing
on his grounds And the said George Hammiltone was assoilzied
90 THE MINUTES OF THE [1681
from the Ryot alledged committed be him upon the Com-
pleiners servands.
Ox. The qlk day Thomas Galbreath in Stitchell is judicially
decerned to make payment to Thomas Wood indweller ther
the sowme of 61ib. I6sh. 8d. Scots money as the remainder
of the pryce of ane ox bought and receaved be the said
defender from the said Compleiner a year since or therby
In respect the said defender compeired personally and confest
the samyne.
(60) Ane Barron Court of Stitchell halden at Stitchell Kirk be
1 2. janry. 17. ^^^ ^.^^^ Worthie Robert Pringle of Stitchell heretable
Proprietor of the Lands and Barronie thereof upon the 17 day
of January 1682 years.
Curia legittime affirmata.
Decreit against The qlk day John Thomson weiver in Stitchell, William
t e eavers. Thomson weiver ther, Alexander Hammiltoun weiver ther,
Alexander Brown weiver ther, John Hammilton weiver ther,
James Thomson weiver ther, Matthew Thomson weiver ther,
Adam Hammiltoun weiver ther, George Hamilton weiver ther,
Henry Cudbertson weiver ther, and James Aitchison weiver in
Queenscairne is judicially decerned to make payment to John
Underwood Procurator ffiscall of the said Court the soumes
of money and others contained in the Acts of Parliament as
contraveiners therof in not weiving ther cloath ane ell and
inch broad as also in keiping of unsufficient weights and in
not trying the samyn with the weights of John Horsbrugh of
the Sherefdom of Roxburgh In respect the haill defenders
compeired and confest that they were guilty of both the
Articles of the said Lybell wherfor the Judge decerned in
manner forsaid.
Deforcing the The qlk day Thomas Galbraith in Stitchell is judicially
Bouriaw Officer ^3gcej,ned to make payment to the Procurator ffiscall of the
said Court fyve punds Scots money for deforceing of the birlae
officers and ane Ryott committed be him in offering to kill
any of them who poyndit any of his goods ex confessione rei,
wherfor the Judge decerned in manner forsaid.
Cordiner 2 pair The qlk day Robert Lillie smith in Stitchell is judicially
58s. 8d. decerned to make payment to John Dickson cordiner ther the
or THE X
UNIVERSITY )
1682] BARON COURT OF STITCHILL 91
soume of 58sh. 8d. Scots money as the worth and pryce of two
pair of shoes bought and receaved be the said defender from
the said Compleiner about 2 years since or therby In respect
of his confession etc.
The qlk day John Wilsone caryer in Stitchell is judicially Carrier.
decerned to make payment to James Pringle servitor to the
Laird of Stitchell and William Lowrie in Nether Stitchell the
soume of 191ibs. lOsh. Scots money as the aggryed worth and
pryce of certain oats bought and receaved be the said John
Wilsone from the said Compleiner in January last ex con-
fessione rei.
The qlk day George Hammilton in the hill, and George Dick- Debts,
son in Stitchell is judicially decerned to make payment to Mark
Ker in Stitchell the severall soumes of money underwritten for
the causes following ilk ane of them for ther own pairts as is
efter devyded To witt the said George Hammilton the soume
of 71ib. Scots money for Aill and borrowed money borrowed
be him fra the Compleiners wyfe two years since or thCrby
In respect of his own confessioun. The said George Dickson
the sowme of fyve punds lOsh. Scots money as ane harvest fie Harvest Fee
wrought be the Compleiners servand to the said defender in
harvest last In respect he being lawfully summoned oft and
dyvers tymes called and not compeirand was halden as
confest.
The qlk day Adam Hammilton weiver in Stitchell is judi- Timber /'4.
cially decerned to make payment to Thomas Underwood
wright ther the sowme of four punds Scots money and that for
certain timber work bought and receaved be the said defender
from the said Compleiner abuit Mertimes last In respect the
said defender being lawfully summoned oft tymes called and
not compeirand was halden as confest.
The qlk day William Hoggard eister is judicially de-Hay/4.
cerned to make payment to John Hoggard called Calsay
End the sowme of four punds Scots money as the pryce
and worth of some hay bought and receaved be the said
defender from the said Compleiner about Mertimes last
In respect the said defender being lawfully summoned oft
and dyvers tymes called and not compeirand was halden
as confest etc.
92
THE MINUTES OF THE
[1683
(61)
1683, Jan. 13.
Debts.
Debts.
Fee.
Tailor Work.
Ane Heid Barron Court of Stitchell halden at Stitchell
Kirk be the Right Worthie Robert Pringle of Stitchell here-
table Proprietor of the Lands and Barronnie therof upon the
13 day of January 1683 years.
Curia legittime afflrmata.
The qlk day James Hoggard in Stitchell is judicially
decerned to make payment to William Service indweller ther
the soume of lOlib. 6sh. Scots money faithfully promitted be
him to the said Compleiner, Yeull gin a yr. or therby. Item
David Hoggard ther the soume of 51ib. 14sh. as the remainder
of a certain soume of money adebted be the said David
Hoggard to him, and as the remainder of certain comes
bought and receaved be the said defender fra the said Com-
pleiner about the tyme forsaid.
Item Walter Lowrie in Runningburne the soume of 28sh.
for certain work wrought be him to the said defender 3 years
since or therby And decerns the said James Hogard to pay to
Compleiner 12sh. of expenses of pley, the said David Hoggard
Ssh. Scots money of expenses, and the said Walter Lowry 4sh.
money forsaid of expenses of pley. In respect they compeired
all personally and confest the soumes of money above written
to be justly adebted be them to the said Compleiner wherfore
the Judge decerned in manner forsaid.
The qlk day Robert Hopper in Stitchell is judicially decerned
to make payment to Robert Brown in Eccles the soume
of 131ib. 5sli. Scots money as the remainder of the pryce of
certain bears bought and receaved be the defender from the
said Compleiner 7 years since or therby with 24sh. of expenses
of pley In respect the said defender his own confessione.
The qlk day Andro alias David Hoggard in Stitchell is
judicially decerned to make payment to Andrew Robeson ther
the soume of 31ib. Scots money as the remainder of fyve half
yeirs fie wrought be the said Compleiner to the defender
about two years since or therby In respect of the defenders
own confession.
The qlk day Gavin Utterstone servitor to William Lowrie
in Stitchell and William Hoggard eister are judicially decerned
to make payment to George Jonstoun taylor ther the severall
soumes of money underwritten ilk ane of them for ther own
i683] BARON COURT OF STITCHILL 93
pairts as is efter divydit To witt the said Gavin Utterstone
the soume of 24sh. as the pryce and worth of ane fulle of oats ^ f"'' ^^ Oats
and that for certain taylor work wrought be the said Com-
pleiner to the defender ane certain tyme bygain with 4sh. of
expenses Item the said William Hoggard 18sh. as the pryce i full of Oats
and worth of ane other full of oats also for certain work In
respect of the said Gavin Utterstone being lawfully summoned
and not compeired was halden as confest and the said
William Hoggard his own confessione with 4sh. of expenses
of pley.
The qlk day Walter Lowrie in Runningburne is judicially Ewe ^^3. 6s.
decerned to make payment to James Purves the soume of
3 punds 6sh. Scots money and that as the pryce and worth of
ane ew which was delyvered be the said compleiner to the said
defender in grassing and did pay for the grass therof and was
never restored back again to the said compleiner with 8sh.
of expenses of pley. In respect the verity of the said claim
being be the said defender referred to the persewars oath who
refused to depone wherfor the Judge decerned in manner
forsaid and assoilzied the said defender from the soume of
91ibs money forsaid In respect the defender deferred the
samyn to the persewars oath who refused to depone as said is,
Wherfor the Judge assoilzied in manner forsaid.
The qlk day William Dickson indweller in Stitchell is Leading Corn
judicially decerned to make payment to Margrat Turnbull ^'^^'
relict of the deceast William Courtney ther the soume of 14sh.
Scots money and that for leiding in of the compleiners cornes
in the tyme of harvest for which she allowed him certain gras
for doing therof and assoilzied him wherfor the Compleiner
was damnified in the forsaid soume with 8sh. of expenses of
pley In respect of her own confessione wherfor the Judge
decerned in manner forsaid.
Ane Heid Barron Coui-t halden at Stitchell Kirke be the (6a)
1 light Honourable Sir Robert Pringle ^ of Stitchell Barron nett ' "'* * *^
upon the ^9 day of December 1683 yeares.
Curia legittiiiie affirmaia.
* Rohcrt Pringle of Stitchill has now become a baronet.
94 THE MINUTES OF THE [1683
'16^"^°^^^^'^ The qlk day John Lamb in Stitchell is judicially decerned
to make payment to James Thomson weiver ther the soume of
16sh. Scots money and that as the modified pryce and worth of
ane full of peis eatten and destroyed be the Compleiners
bestiall in summer last and which was apprysed be the ordinar
sworne men within the Barronnie of Stitchell.
Beare;^io. 9. Tlie qlk day Richard Taylor in Queenscairne is judicially
decerned to make payment to James Service in Stitchell the
soume of lOlibs. 9sh. as the pryce and worth of certain beare
bought and receaved be the said defender from the compleiner
two years since or ther by In respect the said defender com-
peired personally and confest the said sowme to be justly
adebted and restand a wand be him to the said perse war
wherfor the Judge decerns in manner forsaid.
3 pecks oatmeal The qlk day Walter Lowrie in Rinningburne is judicially
decerned to make payment to George Johnstone in Stitchell
the soume of Slibs. Scots money and that as the agreed worth
and pryce of 3 pecks of oatmeall bought and receaved be the
said defender from the compleiner in harvest last in respect of
his own confession.
Weaving. The qlk day Robert Lillie smith in Stitchell is judicially
decerned to make payment to John Thomsone ther the soume
of 61bs. 18s. 8d. and that for weiving of certain cloath to the
said defender within this 3 years since or therby.
Cordiner. The qlk day George Hammilton called also of the Hill, is
j udicially decerned to make payment to John Dickson cordiner
ther the soume of 43sh. Scots money and that as the agreed
Meal. worth and pryce of certain meall bought and receaved be the
said defender from the said Compleiner ane year since or
therby ex confessione rei.
Debt. The qlk day Robert Lilly smith in Stitchell, Andro alias
David Hoggard ther and Walter Lowrie in Runningburne ar
judicially decerned to make payment to Thomas Courtney in
Fogo the severall soumes of money underwritten for the
causses following ilk ane of them for ther own pairts as is
efter divydit To witt the said Robert Lilly the soume of 41ib.
7sh. Scots money and that as the remainder of certain iron
bought and receaved be the said defender from compleiner
ane year since or therby In respect the said Thomas Courtney
1 684] BARON COURT OF STITCHILL 95
and the said defender compeired personally and the said
persewar referred the verity of the said claime to the defender
his oath who deferred the samyn to the persewars oath who
depouned the said soume to be justly restand be him to the
defender. The said Andro alias David Hoggard the soume
of 51ib. Ish. Scots money and tliat also as the remainder of
certain iron bought and receaved be the defender from the
compleiner about the tyme forsaid ex confessione rei. The said
Walter Lowrie the soume of 31ib. 2sh. money also for certain
iron about the tyme forsaid In respect of his own confessione.
The qlk day the haill tennants within the Barronny of Stit- Dykes ;
chell anent ane complaint given in be John Underwood Pro- '^^^"^^ ^^^ *•
curator ffiscall against them and ilk ane of them for keiping of
insufficient dykes wherby ilk ane of them suffers their bestiall
to eat and destroy their neighbours cornes to ther great hurt
and prejudice contrair to the Acts of Court and Dayly Practiqs
of this Kingdom wherfor the said Judge has decerned you
and ilk ane of you to keip and make your dykes sufficient in
tyme cumming and authorises the former Acts maid theranent
and also for not paying of Vicaradge at Mertimas yearly which
in tyme comming the Judge decerns them to pay punctually
at the said Term yearly under the paine of Doubling.
Ane Barron Court of Stitchill halden at Stitchill Kirk be (63)
the Right Honourable Sir Robert Pringle of Stitchill Knight '^4' ^^^ '9-
Barronnett heretable proprietor of the Lands and Barronnie
therof upon the 19 day of May 1684 yeares.
Curia legittime affirmata.
The qlk day George Hammilton in the Hill is judicially Debt
decerned to make payment to Robert Giffan in Stitchill the
soume of 31ibs. Scots money pairtly for merchand goods and
pairtly borrowed money ane year since or therby In respect of
the said defender compeired personally and denyed the said
claime which being be the Persewar referred to the defenders
oath was deferred be the defender to the persewars oath of
verity who deponnid positive and therfor tiie Judge decerned
in manner forsaid.
The qlk day Walter Lowrie in Stitchill is judiciallv ^days'work
decerned to make payment to George Johnstone ther the *'*•
96 THE MINUTES OF THE [1684
soume of 21sh. Scots money and that for 7 dayes work wrought
be the said compleiner to the defender in Aprylle last or
therby In respect the said defender compeired personally and
confest the said sowme to be justly restand awand be him to
the Persewar wherfor the Judge decerned and ordained in
manner forsaid.
Malt. The qlk day Marion Douglas in Stitchill is judicially
decerned to make payment to David Home indweller in Home
the soume of lOlib. 5sh. 8d. Scots money as the remainder of
the pryce of two Bolls and a halfe of Malt bought and
receaved be the said defender from the said Compleiner in the
moneth of March 1683 yeares. In respect the said defender
being lawfully summoned oft tymes called and not compeirand
was halden as confest.
Riot. The qlk day anent the claime given in be John Underwood
Procurator ffiscall against Robert Lillie smith in Stitchill and
Henry Sinclair Farrier ther making mention that wher upon
the 18 day of January 1684 years last bypast they and either
of them did in ane most violent inhumane and unchristian
manner most maliciously and furiously hurt stryke and ding
ilk ane of them another in severall pairts of ther bodies to the
effusion of either of ther bloods in great quantity and therfor
they and ilk ane of them ought and should be punished in
ther body and goods conform to the Acts of Parliament and
dayly Practice of this Kingdom to the terrore of others to
committ the lyke in Tyme cumming. The qlk claime being
heard red seen and considdered be the said Judge and the
said Robert Lillie compeirand personally and confest ane
Ryott efter probatioun given in be the said Henry Sinclair
and denyed the blood and severall famous witnesses being
adduced sworn and examined upon the poynts of that said Lybell
The said Judge did find the said witnesses did prove sufficiently
that the said Robert Lilly had committed ane blood wytte or
ryott upon the said Henry Sinclair wherfor the said Judge
Uniawed. onlawed and amerciat the said Robert Lilly in the said Blood
and Bloodwytt and Ryott conform to the Acts of Parliament.
Half year's Fee The qlk day Walter Lowrie in Rinningburne is judicially
j^3- 6. decerned to make payment to John Brocky and Alisoun Brocky
his sister To witt to the said John Brocky the sowme of 31ib.
1 684] BARON COURT OF STITCHILL 97
6sh. Scots money and that for halfe a years lie wrought be the
said Compleiner to the said defender To the said Alison Brocky Harvest fee
the soume of 51ibs. lOsh. money forsaid for ane harvest fie in
harvest last ex confess'ione rei.
The qlk day anent the Lybell and Claime given in be John Sumptuary law
Underwood Procurator ffiscall against Richard Taylor in
Queenscairne William Thomsone in Stitchill Hector Turnbull
ther Robert Hammilton ther Robert Waitt ther Robert Waitt
mason ther John Wood ther Robert Lamb ther Walter Lowrie
in Rinningburne Mark Ker in Stitchill Marion Douglas ther
Jenett Mill ther Margrat Turnbull ther and George Hope in
Park End Mentioning that whereas our Soveraigne Lord with Marriages
advyce and consent of his Estaits of Parliament be Act of Parlia- Burials?^
ment of the daitt the threttein day of September 1681 years Con-
sidering the great hurt and prejudice arising to this Kingdome
be the superfluous expenses bestowed at Marriages, Baptisms,
and Burialls for repressing of which abuse in tyme cumming
His Majesty with advyce and consent of his Estaits of Parlia-
ment Does statute and ordaine that Marriages Baptisms and
Burialls shall be solemnizat and gone about in sobber and
decent manner and that at Marriadges besides the marrying
persones their parents children brothers and sisters and the
family wherein they live ther shall not be present at any
Contract of Marriadge, mariage or infare ^ or meitt upon the
occasion therof above four friends on either syde with their
ordinary Domestick servants And neither Brydegroom nor
Bryde nor ther parents or relations tutors or curators for them
and to ther use shall make above two changes of rayment at
that tyme or upon that occasion Certifying such persons as
shall contraveine if they be Landit persones they shall be
lyable in the fourth pairt of ther yearly valued rents. And
these who are not Landit persones in the fourth pairt of ther
moveables. Burgesses according to ther condition and means
not exceiding 100 merkes Scots And mcin craftsmen or
servants not exceeding 100 merkes And if ther shall be any
greater number of persones ther aforesaid in any house within
* An entertainment given upon the entry of a bride to her new home.
G
98 THE MINUTES OF THE [1684
Burgh or Suburbs therof or within two mylles of the samyne
wher Penny Weddings are maid that the Maister of the
house shall be fyned in the soume of 500 merks. And it is
statute and ordained that at Baptismes upon that occasione
besydes the parents children brothers and sisters there shall
not be present above four witnesses And trew it is that the
. . . haill fornamid persones has contraveinid the said Act of
Parliament wherfor they ought and should be unlawed and
amerciat conforme to the tennor therof as the said Lybell
bears which being callid and the haill fornamid persones ....
[Unfinished in MS.']
168 Mtlch 10 "^^^ Barron Court of Stitchill halden at Stitchill Kirk be
■ the Right Honourable Sir Robert Pringle of Stitchill Knight
Barronnett heretable proprietor of the Lands and Barronnie
therof upon the 10th day of March 1685 years.
Curia Jegittime qffirviata,
Debt. The qlk day Robert GifFan in Stitchill is judicially decerned
to make payment to Issobell Ormestoune in Queenscairne the
soum of 36sh. Scots money as the remainder of 10 punds as
the pryce and worth of certain meall bought and receaved be
the said defender and his wyfe about ten years since and the
remainder of ane harvest fie In respect the said defender com-
peired personally and confest the said soumes to be treuly
restand awand to the said Persewar wherfor the Judge decerned
in manner forsaid.
Two Nags. The qlk day Alison Gotrae relict of the deceast William
Hoggard in Stitchill is judicially decerned to redely ver to
Andro alias David Hoggard son to the said deceast William
Hoggard Two naigs which pertained to the said Compleiner
and was lent be him to his deceast father to be maid furth
cumming to the Compleiner when he should call for them
And which two naigs was bought be the said Compleiner from
Adam Hoggard wright in Stitchill and Robert Hoggard ther
about 3 years since or therby And accordingly payed for the
samyn to them and whilk was in the custody of the said
defender. In respect of the Depositions of severall famous
and the said Compleiner his own oath In respect wherof the
Judge decerned in manner forsaid.
1 686] BARON COURT OF STITCHILL 99
The qlk day Alison Gotrae in Stitchill is judicially decerned Bill.
to make payment to William Lowrie in Stitchill the soume of
6 pounds lOsh. Scots money of Principal with 30sh. of expenses
contanid in a Ticket maid and granted be the deceast William
Hoggard husband to the said defender to the said William
Lowrie of the daitt the 20 day of December 1685 as als the
soume of 24sh. money forsaid as the pryceand worth of certain
strae bought and receaved be the said Defunct from the Com-
pleiner ane year since or therby In respect of the Defenders
own confession and of the Ticket produced wherfor the Judge
decerns in manner forsaid.
The qlk day Alison Gotrae relict and executor to the Redelivery of
deceast William Hoggard in Stitchill at least intromissatrix ^°^-
with the said Defuncts goods and geares is judicially decerned
to redelyver to Robert Hoggard sone to the said Defunct ane
claik hackit cow which pertained to him and which was bought
be the compleiner from James Purves in Smailholm about
seven years since or therby and was lent be the said Com-
pleiner to the said Defunct to be maid furthcumming be him
when he should call for the samyn which cow was in the pos-
session of the said defender In respect of the persewars oath
who deponnid that he bought the said cow from the said
James Purves about the tyme forsaid with his own money and
was delyvered be him to his said deceast father to be maid
furthcumming when he should call for the samyn Wherfor the
Judge decerned in manner forsaid.
The Barron Court of Stitchill halden at Nether Stitchill be (65)
the Right Honourable Sir Robert Pringle of Stitchill Knight 1686. January a
Barronnett Heretable Proprietor of the Lands and Barronny
therof upon the 2nd day of January 1686 yeares.
Curia legittime affirmata.
The qlk day Walter Lowry in Runningburne is j udicially a pecks oat-
decerned to make payment to William Mill in Stitchill the ^^^^ ^^
sowme of 44sh. Scots money as the pryce and worth of two
pecks of oat mcill bought be the defender from the complainer
two years since or therby with 3sh. as ane dayes threshing In ^ day'sihreth-
respect the said defender compeired personally and referred the ing 3«.
truth therof to the defenders oath of verity who being all
100
THE MINUTES OF THE
[1686
Mare and
Corn.
Trinity
Monda.}'.
present referred the samyn to the persewars oath who de-
ponnid positive wherfor the Judge decerned in manner forsaid.
Dowcat Mains. The qlk day Alison Gotrae in Stitchill is judicially decerned
to make payment to Thomas Welsh Dowcat Mains the sowme
of 61ibs. Scots money pairtly for service and pairtly for oat-
meall bought and receaved be the defender from the said
complainer about 10 years or therby And likewyse assoilzies
the defender from the rest of the Lybell and assoilzies William
Moffat in Stitchill from the haill payments of the Lybell In
respect the perse war referred the truth therof to the defenders
oath of verity simpliciter and the said William Moffat de-
ponnid negative wherfor the Judge decerned and assoilzied in
manner forsaid.
The qlk day Thomas Hoggard in Stitchill, Principal, and
John Hoggard called Calsay End his brother, cautioner for
him is judicially decerned to make payment to James Purves
in Smailholm the sowme of 12 pounds Scots money as the
remainder of the pryce of ane mear and corns bought be the
said Thomas Hoggard from the said Complainer at Trinity
Monday last. Ecc confessione rei. In respect therof the Judge
decerned in manner forsaid.
The qlk day Alison Gotrae in Stitchill is judicially decerned
to make payment to George Wood in Rummelton Law the
sowme of 4 merkes Scots money as the pryce and worth of ane
Stack of peitts bought and receaved be her umquhile husband
from the said Complainer about ane year since or therby with
i peck Bear 4s. halfe a peck of beare of bountith or 4sh. as the pryce and
worth therof eoo cojifessione rei.
The qlk day Andro alias David Hoggard in Stitchill is
judicially decerned to make payment to William Lawrie in-
dweller ther the sowme of 31ib. 15sh. Scots money as the
pryce and worth of halfe ane Boll of beare bought and
receaved be the said defender from the said Complainer about
5 years since or therby ex confessione rei wherfor the Judge
decerned in manner forsaid.
Minister, The qlk day Andro alias David Hoggard in Stitchill is
judicially decerned to make payment to Mr. Andrew Hammil-
tone minister of . . . and William Lowrie in Stitchill his
factor the sowme of 5 pounds 6sh. 8d. Scots money as the
Stack of peat
4 raerks.
* Boll Bear
U IS-
i686] BARON COURT OF STITCHILL 101
remainder of the pryce of ane naig bought and receaved be Nag.
the said defender from the Complainer about 5 years since or
therby In respect of the said defender his own confession.
The qlk day Robert Hopper in Stitchill is judicially de-
cerned to make payment to Alexander Small wright in Gallo-
shealls the sowme of 31ib. Scots money In contentation and
satisfaction to him of Tlibs. money forsaid acclaimed be him
from the said defender as the pryce and worth of ane new wain Wagon Wheel
wheill bought and receaved be the said defender from the said ^'^'
Complainer three years since or therby.
Ane Barron Court of Stitchill halden at Stitchill be the (66)
Right Honourable Sir Robert Pringle of Stitchill Knight ' '
Barronnett Heretable Proprietor of the Lands and Barrony
therof upon the 2nd day of January 1686.
Curia legittime affirmata.
The qlk day in presence of the said Sir Robert Pringle of Act of
Stitchill sittand in judgement anent the thirty fourth Act of
the First Parliament of King James the Seventh halden at
Edinburgh the second day of January 1685 entituled Act
ordaining that Tennents be oblidged by their Tackes to live
regularly Quherin it is statute and ordained that all Masters
whether heretors lyferenters propper wodsetters tutors tacks-
men Donators of Wards or Lyferents shall in all tyme cum-
ming insert in all Tacks to be sett be them to ther Tennents
as Weill in Burgh as Landwards ane expres claus wherby the
Tenant shall obleidge himselfe that he, his family, cottars
and servants shall live peaceably and regularly frie of all
faniticall disorders, under the pain of the Tennent cottar or
servant contraveining, ther loseing the iialfe of their moveables
respective each for ther own fault ; And wher ther is no
written Tack that all the Tennents shall enact themselves in
the Masters Court-Book or in the Towns Court Books within
the Burgh, or give Bond to that effect, and in the tennor for-
said which enrollment of Court is to be subscribed by the
Tennent or if he cannot wrytt be the Clerk of the Court in
his name And if the Master or any of the persons forsaid
shall faill herein they shall pay ane years rent of the Lands
sett otherwyse, — a third part therof to the Discoverer if he
102
THE MINUTES OF THE
[1686
Fanatical
disorders.
The whole
tenants.
prove the same, and two parts to the Kings Majesty ; and all
Masters and others forsaids who have Lands already sett in
Tacke without the said clause, are otherwyse ordained to
enroll the same and insert the said Clauses in them, betwixt
Whitsunday 1686 or to take ane oblidgement apairt from the
Tennent beiring these clauses otherways to remove summarily
such Tennents as refuse to accept them on the said conditions
notwithstanding of any former Tackes which in this caice are
theirby declared voyd and null And in caice the Tennents will
not immediately remove that the Master may committ them
to prison And it is heirby statute and ordained that if any
Tennent shall refuse to renew his Tack, enact himselfe or give
Bonds in terms forsaid he shall be lyable to pay to his Master
one years rent of the Lands sett to him And this but preju-
dice or derogation to all former Acts of Parliament wherby
Masters are obleidged for their tennents in the manner con-
cerning them respectively As the said Act of Parliament of
the daitt forsaid in itselfe more fully bears. Conforme to the
which Act of Parliament and in obedience therto compeired the
whole tennents^ within the Barrony of Stitchill pertaining to
the said Sir Robert Pringle and does hereby enact bind and
obleidge them and ilk ane of them their airs and successors
they they ther families, cottars and servants shall live peaceably
and regularly free of all faniticall disorders in tyme comming
under the paine and penalties containd in the said Act of Par-
liament maid theranent And that they and ilk ane of them
shall fulfill and obey the said Act of Parliament in the wholl
heads tenor and contents of the samyn in all poynts In witness
wherof they have subscrybed thir pntts with ther hands as
foUowes day, place and moneth and year of God above
written : — Alexander Lowrie, Robert Taylor, John Dickson,
Robert Giffen, Waltour Hennry, Robert Smith, John Watson,
Adam Hogart, James Haggart, Robert GifFan, Robert Lillie,
Mark Ker, James Hamelton, Willim Tomson, Adam Hender-
son, John Donaldson.
^ These number sixteen in all. A small tenantry to be commemorated in
Baron Court Minutes ! Some may not have come forward : others, perhaps,
could not write.
1 688] BARON COURT OF STITCHILL 105
The Barron Court of Stitchill halden at Stitchill Kirk be ^^^^}.
i688,UctoDer20,
the Right Honourable Sir Robert Pringle of Stitchill Knight
Barronnett Heretable Proprietor of the Lands and Barronnie
therof upon the 20 day of October 1688 yeares.
Curia legittirrie qffirmata.
The qlk day anent ane Complaint given in be Mr. William Marriage and
^ J . . . . Baptism dues.
Keith schoolmaster at Stitchill against James Dicksone in
Stitchill, James Steill ther, Robert GifFen ther, and John
Dickson ther, mentioning that conforme to the ancient
custome which in this said Barrony the haill inhabitants
therof wer in use to pay to the preceiding schoolmaster of the
said towne the Kirk Dewes for Baptismes and Marriadges within
the said Barrony And therfore humbly cravit that the for-
namid persons and ilk ane of them might be decerned to
content and pay to him as pntt schoolmaster of the said
towne ther respective proportions of the said Decreat for
Kirk, for Baptismes, and marriadges adebted be them and ilk
ane of them as the said Complaint beares Which being called
the said Judge sittand in judgment decerned and ordained
the fornamid persons and ilk ane of them to content and pay
to the said Mr. William Keith schoolmaster the said Kirk
Dewes for ther marriadges and Baptismes ilk ane of them for
ther own parts conform to use and wont in manner following
viz. — the said Ja Dickson for ane Baptisme the said James
Steill Robert Giffan, and John Dickson ilk ane of them for
ane marriadge to be payed betwixt and Tuesday nixt being
the 23rd October instant ilk persone under the pain of fyve
punds Scots and ordains the Barron Officer to put the samyn Penalty £$>
to execution.
As also the said day the said Judge sittand in Judgment Compulsory
anent ane complaint given in be the said schoolmaster ^ which
the said Judge taking to his consideration inacts statutes and
ordaines the haill tennents within the said Barronny who has
children capable to learn to send ther children to the publict
scliooll betwixt and Tuesday nixt under the pain often pounds
Scots ilk failzie and that none of the said tennants or cottars
^ Here it is seen that in the parish of Stitchill during the * Killing Time ' there
was a system of compulsory education already established.
104
THE MINUTES OF THE
[1688
that have daughters shall send, them to any sewing school
Two full years' within the Barronny till they have been two full yeares reading
at the said publict schooll under the pain forsaid of ten
pounds for ilk failzie toties quoties and ordaines the Officer to
put the said Act to executione.
Ita est Jacobus Pringle Notarius Publicus cler. attestor.
Reading or
1691
Debt.
Calumny.
(68) The Barron Court of Stitchill halden at Stitchill Kirk be
the Right Honourable Sir Robert Pringle of Stitchill Knight
Barronnett heretable Proprietor of the Lands and Barronnie
therof upon the last day of February 1691 yeares.
Curia legittime affirmata.
The qlk day Margrat TurnbuU in Stitchill is judicially
decerned to make payment to William Lowrie indweller ther
the soume of 16 pounds Scots money borrowid and receaved
be the said defender from the Complainer ane year since or
therby In respect the said defender being lawfully summoned
ofttymes called and not compeired was halden as confest.
The qlk day John Robisone in Stitchill is unlawed and
amerciatt in ten pund Scots money for calumniating of
Alexander Dicksone ther in his good name in saying he had
sworne wrongouslie being in ane fencit Court ex confessione rei.
The qlk day Walter Lowrie in Rinningburne is judicially
decerned to make payment to Manie Ackae in Home the
sowme of SOsh. Scots money as the pryce and worth of
certain peitts bought and receaved be the said defender from
the complainer in Summer last In respect the said defender
compeired personally and confest the same.
The qlk day John Hoggard Calsay End in Stitchill is
assoilzied from 32sh. Scots money acclaimed be Walter Lowrie
in Rinningburne for the pryce of certain oats alledged eatten
and destroyed be the defenders bestial! in respect not persewid
within a year and a day efter the alledged eatting therof.
As also the said John Haggart is decerned to make payment
to the said Walter Lowrie 20sh. Scots money as ane pairt of a
carriadge of wayne to Eyemouth 6 yeires since with lOsh. as a
I peck oats 5s. pairt of the carriadge of a wayne to Coldstreame with 5sh.
I Capful pease ^^^^^y ^g ^j^e pj.^^.^ ^f j^g^jf ^ peck of oats and 3sh. for ane
capfull of pels borrowit and receaved be the defender from the
Peats 30s.
Absolvitor.
Eaten Oats
i6gi] BARON COURT OF STITCHILL 105
complainer within this fourtnight. Item Twenty shillings
money forsaid for the carriadge of a load of lyme from Stitchill [^"^i{|8 ^i^e
to Edinburgh within this Twelve moneth or therby Item 4sh. 20s.
money forsaid as the fourth pairt of a carriadge of twa horse
to Coldstream Item 50sh. money forsaid for twa Loades of
come leading ex confessione rei.
Ane Head Barron Court halden at Stitchill Kirk Be the ^^^ (^J^ ^
Right Honourable Sir Robert Pringle of Stitchill Knight
Heretable Proprietor of the Lands and Barronnie therof upon
the fourth day of November 1691 yeares.
Curia legittime affirmata.
The qlk day Walter Lowrie in Rinningburne is judicially Waulk mill,
decerned to make payment to Andro Wood at Sisterpath
Waulkmylne the soume of 50sh. Scots money in satisfaction
of 31ibs. money forsaid acclaimed be the said Andro Wood
from the said Walter Lowrie for halfe a yeirs fee wrought be A year's fee
the Complainer to the defender 4 years since or therby ex con-
fessione rei, with 6sh. 8d. of expenses.
The said day Margrat Turnbull in Stitchill is judicially iyear's fee
decerned to make payment to the said Andro Wood the
soume of 31ib. 13sh. 4d. Scots money for half a years fee
wrought be the said Complainer to the defender 4 years since
In respect she being lawfully and offttymes called and not
compearand is halden as confest 8sh. of expenses.
The qlk day Ritchart Taylor in Queenscairne is judicially Cow;^i6. la
decerned to make payment to Robert Sinclair in Home the
soum of 161ib. lOsh. Scots money as the pryce of ane cow
bought and receaved be the said defender from the Complainer
eleven yeirs since or therby wherof the said defender within
this fourtnight promitted payment being lawfully and ofttymes
called and not compeired was halden as confest with 20sh. of
expenses.
The qlk day John Hoggart in Stitchill and Magdalen Claim.
Hammiltone relict of the deceast James Hoggart ther are
decerned to make payment to Adam Hoggart wright the
soume of 50 merkes Scots money arreisted in ther hands
belonging and adebted be them to David Hoggart in Neutoun
equally betwixt them ex confessione rei Superceiding Extract
106
THE MINUTES OF THE
[1691
Deforcement
£5-
Taking use of
nag ;^5-
of the said Decreit of Furthcomming against the said Magdalen
Hammilton for the equall halfe of the said 50 merkes till such
tyme as ther be executors confirmed to the deceast James
Hoggart her husband.
The qlk day James Johnstoun herd in Queenscairne and
Ritchart Taylor ther ilk ane of them are unlawed and
amerciat in 51ibs. Scots money for ane Deforcement comitted
be them upon the Bourlaw Officer when he was executing his
Office in taking violently from him certain poynds legally
poynded be him And ordaines them to make payment of the
said fyne within term of Law They being lawfully summoned
ofttymes called and not compeired war halden as confest.
The qlk day James Taylzeor in Stitchell is unlawed in
51ibs. Scots money for spuilzeing and away takeing of ane
Naig belonging to Robert GifFan ther off the grounds and
lands of Stitchill when the samyn was pasturing for the tyme.
And ordaynes him to be pundet therfor ex confessione rei The
said persewar and defender transacting before Court for the
damnage sustayned in want of the said Naig during the said
space of 5 dayes the defender still made use of the same in
rydeing to severall places in the country with the same and
for his expenses in seiking of the said Naig 3sh.
The qlk day Walter Lowrie is decerned to content and pay
to James TurnbuU his servitor the soum of 41ib. 18sh. Scots
money in contentation of 51ib. 16sh. money forsaid acclaimed
for ane halfe years fie wrought be the Complainer to the
defender two years since or therby In respect of the persewars
oath being deferred therto be the defender with 12sh. of
expenses.
The qlk day Walter Lowry in Runningburne is decerned
and unlawed in 51ib. Scots for abstracting of his grist and
corn^ from the Mill of Stitchill as also decerned to make
payment to George Johnstoun miller of double multure for
Hummel corn, halfe a BoU of Hummel corn abstracted be him from the said
Mill In respect the verity therof being referred to his oath he
refused to depone.
^ year's fee
^5- 16.
Abstracting
grain ^5.
^ This was the corn that a tenant was bound to have ground at the mill to
which he was thirled.
1692] BARON COURT OF STITCHILL 107
John Robesone is decerned the said day for payment to the Double
said George Johnstoun of double multure for 3 furlets of
Hummel corne abstracted be him and unlawed in 51ib. for his
transgression In respect of his refusal to depone.
John Mein is decerned to make payment to the said George Hummel com,
Johnstoun of double multure for 2 furlets of Hummel come
abstracted be him from the said Mill of Stitchill and unlawed
in 51ibs. for his transgression all abstracted halfe a year since
or therby In respect of his refusing to depone.
The qlk day Robert Taylor in Queenscairne is decerned to Fee.
make payment to George Hammilton in the Hill fyftie three
shillings four pennyes Scots money as the remainder of a
harvest fie wrought be the Complainers wife Marion Purves
in harvest bygain a year Ofttymes called and not compeiring
was halden as confest.
Ane Barron Court halden at Stitchill Kirk be the Right (70)
Honourable Sir John Pringle^ of Stitchill Knight Barronnett ^^^' ^^- ^^
heretable proprietor of the lands and Barronnie therof upon
the 5th day of September 1692 years.
Curia legittime affirmata.
The qlk day anent ane Complaint given in be John Under- Service of
wood Procurator ffiscall of the said Court against the haill lai^rd! ^ ^ ^
tenants and cottars within said Barronnie of Stitchill makand
mention that wher they and ilk ane of them are obleidged to
make dew and thankful service to the right honourable the
Laird of Stitchill their Master conform to use and wont. And
trew it is and of verity that the said inhabitants within the
said Barronnie doe refuse to work the work of repairing of the
Kirk of Stitchill conform to use and wont. And therfor Repair of the
they and ilk ane of them ought and should not only be
decerned to make payment of such soums of money propor-
tionably amongst them as the Judge should think fitt to
modifie. But also inacted in tyme coming to work for repair-
ing of the said Kirk and all other necessary work to the Laird
of Stitchill therin when required as the said Complaint beares.
^ Observe here the name of the new laird, Sir John Pringle. The
last occasion on which Sir Robert presided at a Baron Court was on the
4th November 1691.
108 THE MINUTES OP THE [1692
Penalty £s* Which the said Judge taking to his consideration ratifyes and
approves the former Acts made theranent and unlaws the
haill persons transgressors who refused to work ilk person in
51ib. Scots money. As also ordayn the haill persons in tyme
coming proportionally and to furnish and bring with them
barrows, ridles and other necessaries for the said work as they
shall be callid out and required ilk person under the pain of
51ib. toties quoties and this Act to stand in force in all tyme
coming and to be put to dew and lawfull execution.
The qlk day Archibald Dickson in Stitchill is decerned to
make payment to George Hammiltone in the Hill the soum
of 121ib. 5sh. 8d. Scots money resting of 131ib, 6sh. 8d. for ane
harvest fie wrought be the Complainer and Marion Purves his
64 Supper wyfe to the defender gain a year with 20sh. as the pryce of
threescor and four supper herring ex confessione rei.
Act anent The qlk day John Hoggard and Magdalen Hammilton are
Barronl^^oun!^ ^^^ ^"^ of them uulawed in lOlibs. Scots money for summond-
ing of Adam Hogart wright in Stitchill and insisting against
him before the Commissary Court contrair to the Acts of
Court ecc confessione rei And ordayns that they and the rest
of the inhabitants within this Barronnie insist in tyme comeing
befor the Barron Court of Stitchill anent any action of
neighbourhood under the pain of 51ib. Scots toties quoties and
ratifies the former Acts made theranent.
(71) Ane Head Barron Court halden at Stitchill Kirk be the
1692. Dec. 31. Right Honourable Sir John Pringle of Stitchill Knight
Barronnett heretable proprietor of the lands and Barronnie
therof upon the last day of December 1692 yeares.
Curia Ugittime ajffirmata.
Debt. The qlk day Mungo Archibald in Stitchill is decerned to
make payment to John fFairbairn in Bowes the soume of
lOlib. 18sh. Scots money Principall 13sh. 4d. of expenses of
pley conteind in a Decreit obtained at the Complainers
instance against the defender before the Baron Court of Eist
Gordon upon the 3rd of August 1689 In respect the said
defender compeired and alledged 41ib. Scots of the said soum
payed qlk he referred to the persewars oath who deponnid
negative with 21 sh. of expenses.
1692] BARON COURT OF STITCH ILL 109
The qlk day William Alexander in Stitchill is decerned to
pay to Nellie Edmistoun relict and executrix confirmed to the
deceist William Dicksone in Ednim the soume of ^21ibs. Scots 2 Bolls i^ar
money as the pryce and worth of two Bolls of beare bought -^^^'
and receaved be the said defender from the said deceast
William Dicksone the Complainers husband about two yeires
and a halfe since or therby wherof the said defender oft and
dyvers tymes promitted payment In respect the said defender
being lawfullie summoned ofttymes called and not compeirand
was halden as confest 20sh. of expenses.
The qlk day Mungo Archibald is decerned to make pay- Debt,
ment to John Turten in Eist Gordoun the soume of lolibs.
16sh. 8d. Scots money contained in a Decreit obtained at
the Complainers instance against the said Mungo Archibald
before the Court of Eist Gordoun upon the 3rd of August
1689 yeires In respect of the Decreit produced and the
defenders own confession.
The qlk day Mark Ker in Stitchill is decerned to pay to Debt.
John Lamb in Newtouu the soume of 121ib. 4sh. Scots money
as ane part of 131ib. 6sh. restand of a greater soum adebted be
the said defender to the Complainer as the pryce of certain
beare bought and receaved be the said defender from the said
Complainer 4 years since or therby and assoilzied for the rest
ex confessione rei.
The qlk day Ritchard Taylor in Queenscairne is decerned to Harvest fee
pay to George Hamilton in the Hill the soum of six pounds £^- ^^•
6 shillings Scots money as ane Harvest fie wrought be the
Complainer to the defender in harvest last with 24sh. money ' g"" ^*^^^'
forsaid as the pryce and worth of ane full of beare of bountith
ecc confessione rei with 12sh. of expenses.
The qlk day Walter Lowrie in Runningburne is decerned
to pay to Robert Hamiltoune in Stitchill the soume of 221ibs.
Scots money for the causes following viz, ISlibs. money forsaid
as the pryce of 9 fulles beare bought and receaved l)e the
defender from the Complainer 2 yeirs since or therby and
41ibs. money forsaid as the remainder of 4 fulles of peise bought ^is.
and receaved by the defender from James Lamb father-in-law
to the Complainer and wherto the said Complainer has good
and undoubted right ex confessione rei.
110
THE MINUTES OF THE
[1692
I Stone Oats,
36s.
The qlk day Margrat TurnbuU is decerned to pay to
Thomas Underwood wright the soume of 36sh. Scots money
as the pryce and worth of ane stone of oats eatten and
destroyed be the defenders bestiall two yeirs since or therby
which was apprysed be the ordinar apprysers within this
Barronnie of Stitchill eoc confessione rei.
(72)
1693, Jan. 14.
Act anent
Crops, manur-
ing, rotation,
etc.
2 Harvest fees,
jC^o. 10.
DeKt.
(73)
[694, May
Ane Barron Court halden at Stitchill be the Right Honour-
able Sir John Pringle of Stitchill Knight Barronnett lieretable
Proprietor of the Lands and Barronnie therof upon the
fourteen day of January 1693.
The qlk day the said Sir John Pringle sittand in judgment
statutes and ordaynes the haill tennants and possessors of the
lands of the Barronnie of Stitchill to manure ther lands and
to keip the ordinar breaks with neighbour and others and to
sow the quantitie and qualitie of the said corne as fourmerlie
usit in all tyme coming and ryve out no pairts of ther said
lands nor they were in use to doe in all tyme comeing under
the pain of 401ib. Scots money to be payed be ilk person
contra veines toties quoties And lykewyse no person to have
the fourth cropt in the outfield or infield grounds^ ilk person
under the payne forsaid and ordaynes this pntt Act to stand
in force in all tyme hereafter.
The qlk day Walter Lowrie in Binningburne is decerned
to pay to Issobell Hoggart daughter to the deceast William
Hoggart wester in Stitchill the sowme of lOlib. lOsh. Scots
money for two harvest fies wrought be the Complainer to the
defender 3 years since or therby with 7sh. money forsaid for
supper herring ex confessione rei.
The qlk day Ritchard Taylor in Queenscairne is decerned to
pay Ritchard Gotrae wright in Stitchill the sowme of 27sh. 6d.
Scots money for certain particulars contand in an accompt
produced, the defender being lawfullie cited ofttymes callid
and not compeirand was halden as confest.
The qlk day Robert Giffan in Stitchill and Walter Lowrie
for his interest are decerned to make furthcumeand payment
1 This means that the ground was to lie fallow every fourth year, and to have
no crop taken off it.
i694] BARON COURT OF STITCHILL 111
and delyverance to William Moffat of the soume of lOlib.
Scots money adebted be him to the said Walter Lowrie and
arreisted in his hands at the instance of the said William
Moffat ex confessione rei.
As also the said day Robert Hamiltoun furthcumand pay-
ment and delyverance to the said William Moffat of three
half fulls of oats and a capful adebted be the said Robert
to Archibald Dickson in Stitchill and arreisted into his hands
upon the 4th of May instant or 36sh. Scots as the pryce and
worth therof ex confessione rei.
The qlk day Robert Hoo;gart in Stitchill is decerned and Housebreaking
unlawed in ten pounds Scots money for breaking up of^io.
Andro Wilsons door under cloud and silence of night and
assaulting and invading the said Andro threatening to kill
him in his own hous In respect of the said Robert his own
confessione.
And the said Andro Wilson is unlawed and amerciat in Contumacy and
ten pounds for his contumacie in not compeiring to hear and ^""^"yA»^°-
see Decreit pronounced against him for scandelizing the said
Robert Hogart in his good name and reputation by saying
that he was ane knave and unhonest man and many other
opprobrious words and expressions he being lawfullie sumond
ofttymes called and not compeirand.
The qlk day Patrick Millar is unlawed in ten pounds for Contumacy
Contumacie he being lawfully summoned ofttymes callid and ^'°
not compeirand to have heard witnesses led and adduced against
him at the instance of the Procurator ffiscall for proving that
the said Patrick threatened to fell the said Barbara Wilson
spouse to Thomas Hendersone in Stitchill and to break her
back and invading her house and avowing that he would bum
the same and that he would burn her for ane witch. ^ Wiich.
And that the said day Margrat Black spouse to the said Riot;^5.
Patrick Millar and the said Patrick Millar for his interest are
onlaid in 5lib. for ane Ryott committed be the said Margrat
Black upon Margrat Dicksone spouse to John Anderson in
Stitchill 20 days since or therby and was ordayned to pay
* An example of a vindictive accusation too common in that age, whereby
many an innocent woman suflTered martyrdom as a witch upon Talse accusation.
112
THE MINUTES OF THE
[1694
Corporal
punishment
Do,
the same betwixt and the nixt Court day under the payn of
corporall punishment^ In respect the said Margrat Black com-
peired and confest the ryott.
The said day the said Margrat Dickson and the said John
Anderson her husband for his interest are inlaid in 5 pounds
for ane Ryott comitted be the said Margrat Dickson upon the
said Margrat Black and ordayned to pay the same betwixt
and the nixt Court day under the payn of corporall punish-
ment ex confessione rei.
Harvest fee ^5. The qlk day Ritchart Taylor in Queenscairn is decerned
to pay to Alex. Hopper in Stitchill 51ib. Scots money for ane
harvest fie wrought be liim about 4 years since or therby with
40sh. money forsaid restand of ane other harvest fie wrought be
the Complainer to the said defender fyve years since 28sh. as the
pryce of ane full of beare of bountith 12sh. money forsaid for
supper herring the defender being lawfully summond ofttymes
called and not compeirand was halden as confest.
The qlk Judge ordayns the haill tennents within the Bar-
rounnie of Stitchill to bring home betwixt and Saturday come
eight days the Mill-axetries lying at Aikwood under the payn
of SOlibs. Scots and ordayns the officer to poynd and compryse
for the same immediately after refusal or delay whenever they
shall be required to doe the same be George Johnstoun miller.
Full of bear
28s.
Supper herring
Bringing home
the Mill-Axle-
trees.
(74)
[694, Nov 17.
Miller, his
Duties, Mul-
tures, Services,
etc.
The Barron Court of the Lands and Barronny of Stitchill
Halden at Stitchill Kirk be the Right Honourable Sir John
Pringle of Stitchill Knight Barronnett upon the 17th day of
November 1694 yeares.
Curia legittime affij-mata.
The qlk day the said Sir John Pringle sittand in judgment
ratifies all former Acts maid in favor of the miller and anent
the multures and other dewties and services dew and payable
at the said Mylne of Stitchill And statutes and ordaynes that
all the tennents and other Residenters within the Barronnie
of Stitchill shall grind their whole corns they shall make use
off* for ther families at the Mill of Stitchill Discharging
1 This is rather an unusual sentence in Stitchill, and intimated to a woman
too : she may have been a hardened offender. So too with her opponent, who
was threatened also.
1694] BARON COURT OF STITCHILL 113
heirby for the tyme to come any person within the said
Barronnie to sell thercorne in Mercats and buy meall with the No com to be
pryce therof for the sustenance of ther families under any ^° '" ^^^ ^^'
pretence whatsoever With certification who shall contraveine
said Act shall be lyable in . . . multure to the miller besyds
the penulties containd in the former Acts and in which it
shall be thought fitt they should be amerciat in by the judge.
And sicklyke statutes and ordayncs the miller to keip good Good miu-
and sufficient Mill-stones and all other materials requisit in all se^^^g^"**
tym comeing and lykewise ordaynes the miller to continew
such measures as hes been used and wont formerly and
ordaynes his servants and under millers to waitt punctually at
the mill and give all dew and thankful! service under the said
penalty and others as shall be thought fitt by the Judge.^
The qlk day the said Judge ratifies and renews all former Acts anent
Acts maid in Stitchill anent the planting of tries and lykewise ^"^'"S^^^^-
statutes and ordaynes that every tennent plant six tries yearly Tenants 6
at ten foott distance till his whole yaird be filled and every JtSs ^^**"
cottar thrie tries yeirly at the said distance till the whole
yaird be filled. Beginning the first years Plantatione at the
same term of Mertimes 1694 yeires And ordayns that the
saids tries for this year be planted betwixt the daitt of this
Act and the 1st day of January nixt to come under the payne Penalty ^^5.
of 51ibs. Scots for ilk failzie The one half of it to be applyed
to the use of the poor And appoynts Alexander Lowry and
Thomas Underwood to make intimation of this to the Kirk Kirk Session.
Sessione Giving power to William Lowry Officer to poynd
immediately for the said penalty when he shall be desyred to
do tlie same be the Session And appoynts vesitors to put the
said Act into executione viz. William Lowrie, Thomas Under-
wood, Jon. Donaldsone, and ordayns all the tennants and
cottars forsaid to keip ther yairds under sure fence against all
beasts for preventing of skaith either to themselves or ther
' This Minute and its predecessor appear to indicate one of the perimiical
outbreaks of the tenantry against the miller as the representative of the vexatious
thirlage. Mutual complaints had been raised ; hence the judgments of the
baron as to the inhabitants bringing home the inill-axletree from the Oakwood
when called upon to do so by the miller ; also the commands laid upon him and
his servants anent proper service, etc.
H
114 THE MINUTES OF THE [1694
neighbours Under certification forsaid And for incouradgment
of the said tennants and cottars to put this Act into execu-
tione a grant is heirby maid to them of everie sixt trie so
planted to be made use of at ther pleasure and cutt at the
Kinds of Trees, sight of the proprietor or any of his appoyntment The kynds
and species of tries are declared to be as follows Esh, Elm,
Allar, and Saugh according to the different nature of the
ground wher they are to be sett. And renews all former
Corn to the Acts maid anent the bringing of good and sufficient dry corne
to the myller of Stitchill under such penulties containd in
the former Acts maid theranent.
Certifying lykewyse that if the corn rejected be the miller be
found to be good and sufficient he shall be obleidged to grind
the samyn corn multure free.
The qlk day Andro Murdy servitor to George Johnstoune
miller at Stitchill Mylne or any uther servants at the said
mill ar ordayned in all tyme cumeing to give thankful! service
Thirled. Haifa, to the Tcnuaut and uthers thirled to the said mill under the
crown penalty, p^^alty of halfe a crown 1 for ilk failzie the one halfe to be
applyed to the use of the Complainer.
Debt. The qlk day Robert Hoggart in Stitchill is decerned to pay
to Jannett Puntan ther the soume of 50sh. Scots money in
contentation of 41ibs. money forsaid acclaimed be the said
persewar from the said defendar which was borrowid and
receaved be them fra the deceist Elspeth Johnston sister-in-
law to the Complainer. To which soume the said Complainer
obtained ane precept from William Johnstoun in Blakader
who had good and undoubted right therto upon the defender
ordering him to pay the samyn to the Complainer. The said
defender compeiring and acknowledged the forsaid soume to
be restand awand but cravid compensation for his alledged
keeping and intertaining the said defunct at his house for the
space of twenty days Which the said Judge sustayned In
respect of his oath being referred therto by the persewer and
modifyed ex consensu, half a crown for the same to be deduced
off the said foure punds acclaimed.
1 This is the first indication of the supersession of the ancient Scots money by
the English money sterling.
i695] BARON COURT OF STITCHILL 116
The qlk day the haill tennants and cottars compeired and
took Instruments of ther said compeirance being lawfully
summoned and called at this heid Court.
As also the wholl Tennents and cottars wer onlaid and Green Lint in
amerciat ilk ane of them in 40sh. Scots money for contravein- ^^ ^'^^^'
ing the Acts of Parliament made anent Laying in of Green
Lint in Lochs and Burns and Running Waters ex confessione rei.
The Courts of the Lands and Barronny of Stitchill balden (75)
at Stitchill Kirk be the Right Honourable Sir John Pringle of
Stitchill Barronnett heretable proprietor of the Lands and
Barronny of Stitchill and pertinents upon the 4th day of May
1695 yeares.
The which day the said Sir John Pringle sittand in judg- Puiiingwooi
ment upon ane Complaint given in be severall of the Tennants o^ S^*^^P-
within the said Barronny bearing that herds and others does to
ther great prejudice pull the wouU of the sheep pasturing
upon the saids Lands of Stitchill which the Judge taking to
his consideratioun Dischairges herds and all uthers within
the said Barronny to pull the woull of the sheep pasturing
upon the grounds and Lands of Stitchill in tyme comeing
under the severall penalties both of ther persons and goods.
With respect certificatione that parents and masters of
families shall be lyable the parents for ther children within
ther own doors and the Masters for such herds and servants
as have no waidges.
And sicklyke Inacts statutes and ordaynes all these that Casting divots,
cast divots upon the said grounds and Lands of Stitchill or
upon any pairt within the Barronny therof to lead them away
with the first convenience certifying that if they be suffered to
lye so long as shall indammage the ground in which they ai'e
casten or occasion the casting of new divots In that caice
the casters shall be lyable to the master of the ground in the
full value of the divotts and ordayns the Burlaeman to look
diligently to see the said Act put to deu executione with
certification, etc.
The (|lk day Thomas Underwood, John Brunton, and
Patrick Miller are adjoyned to the present Burlaemen who
i?ave their oaths defiddi admimstratione qffictonim.
116
THE MINUTES OF THE
[1695
Absoivitur. The which day James Turnbull in Stitchill is assoilzied
from seven sheaves of peas strae acclaimed from him be Patrick
Millar alledged furnished be the Complainer to the defenders
sheip the tym of the storm in winter last In respect of the
defenders oath being referred thereto by the Persewar.
Claim. The which day Ritchard Gotrae wright in Stitchill is
judicially decerned to make payment to James Matthew ther
the sowme 32sh. 6d. Scots money for certain cowan work^
wrought be the Complainer to the defender in harvest last In
respect the Persewar and defender both compeired personally
and the defender alledged that the Persewar promised to
accept of four bed stoups in contentatioun of the soume
lybelled which he referred to his oath who deponnid negative.
Chest. The which day Mart Hamilton spouse to Robert Dickson
in Stitchill and the said Robert for his interest are judicially
decerned to pay to Adam Hoggart wright ther 44sh. Scots
money as the remaynder of the pryce of ane meikle Cheist
bought and receaved be the said defender Hamilton from the
Complainer 10 years since In respect the defender being law-
fullie summoned ofttymes callid and not compeirand was
halden as confest.
(76)
1695, Nov. 23.
Lint in
Streams,
Worker for
Churchyard.
Ane uther Head Court of the Lands and Barronny of
Stitchill halden within the kirk therof be the Right Honour-
able Sir John Pringle of Stitchill Baronett upon the 23 day
of November 1695.
Curia legittime affirmata.
The qlk day compeired the wholl Tennants and cottars
within the said Barronny and took Instruments of their com-
peirance.
And also the forsaid day the wholl Tennants and Cottars
wer unlaid and amerciat conform to the Act of Parliament
each one of them for contraveining the Act of Parliament in
laying in of their Green Lint in Lochs, Burns and other
Running waters ex corifessione rei.
The which day the haill Tennants and cottars within the
^ This seems to mean pruning or lopping ofif branches. It might also refer to
the building of dry-stone dykes.
i695] BARON COURT OF STITCHILL 117
said Barronny are ordayned to furnish a sufficient worker day
about for carying out the Rubbish lying in the Churchyaird
when they shall be required to doe the same.
And lykewyse he ordaynes and requires all the said Tennants Vicarage
and Cottars when they pay ther Rents at Mertimes to bring ^*° ^
in with them the respective Vicaradges ^ of ther Lands and
Coattyairds. This is ordayned to be extendit to the Castle
Wairds.
And in like manner ordaynes the visiters appoynted in the planting.
Act anent Planting maid in November 1694 to take Inspection
how the same hes been observed and to report the nixt Court
day And ordaynes the same to be observid yearly In tym
cumeing till it have the designed effect. The qlk day
John Wilsone and James Robison are both inlaid and amer-
ciat each of them in 51ibs. Scots money for injust setting of Cheating at
their Stoucks^ of a design to prejudice the teynding in Harvest
last contraire to all Law and equity and reason and Acts of
this Court In respect being lawfully summond for that
effect.
The Court of the Lands and Barronny of Stitchill Halden 1695, Dec. 21.
within the Kirk therof be the Right Honourable Sir John
Pringle of Stitchill Barronnett heretable Proprietor of the
Lands and Barronnie therof upon the 21 day of December
1695.
Curia legittime affirmata.
The qlk day the said Sir John Pringle sittand in judgment ^^^^^^^^
dischairges all residenters tennents as weill as coatters within Stitchill .Mill,
the Barronny to vend any meall of one sort or other within
the said Barronnie but what they shall grind at the Mill
themselves or buy from other residenters within the
Barronnie.
Item it is statute and ordayned that no execution of roU^notto^bc
arreistment and poynding to be maid for any grain lying at arrcstwi.
^ This means the vicarage teinds payable from the produce of the lands and
cot-yards.
' These two men had so artfully arranged their stooks of corn that erery
tenth stook would contain the thinnest and poorest corn, to the prejudice of the
laird or the minister when drawing their teinds.
118 THE MINUTES OF THE [1695
the Milln or against the millers for that effect but that the
same be personallie execute against those to whom the saids
grain pertains or at ther dwelling hous within the Barronny
of Stitchill for all tyme therafter. The which day James
Qo^h^ns^arn ^^^^ weiver in Stitchill is judicially decerned to make pay-
^s. ment to Elspeth ffairbairn spouse to John Robison In-
dweller ther and the said John for his interest the soumes of
money following for the Causes efter specified viz, — the soume
of 51ib. Scots money as the pryce of Ten elles of cloath
which was delyvered be the Complainer to the defender in
woollen yairne to be woven be him two years since or therby
and never redelyvered Item the soume of 8Iib. 8sh. money
forsaid as the pryce and worth of ane parcell of scoured and
reilled yairnes delyvered be the Complainer to the defender
14 Ells of cloth ane year since which was said to be 14 elles of good and
as yarn ^^8. 8s. •; , o
sufficient cloath which cloath the defender refused to weave
and most wrongously detaynes the same from the Complainer
to her great prejudice The same being in hazard of rotting
In respect the said Defender being lawfully summoned to have
compeired this day and place as was sufficiently verified be the
Officer at the Barr ofttymes called and not compeirand was
halden as confest Allowing to the Defender Liberty to redress
himself if he can instruct the Persewer has chairged him with
ane unreasonable value of the yairne.
Nag. The which day Hector Turnbull in Stitchill is judicially
decerned to make payment to Alexander Hislop wright ther
the soume of 10 pounds 8sh. Scots money as the remainder of
the pryce of a Naig bought and receaved be the said defender
from the said Complainer at Lambes last In respect of the
defenders confession.
Contumacy ;^S. The which day William Andersone weiver is unlaid and
amerciat in 5libs. Scots money being contumacious in refusing
to depone as witness in ane Action persewed at the instance of
Wauik Mill. Mungo Archibald in Stitchill against James Watson waulker
at Stitchill Waulk- Milne ther being no lawfull objection
against him.
(78) Ane uther Court of the Lands and Barronny of Stitchill
1696, May 9. holden within the Kirk therof be the Right Honourable Sir
1696] BARON COURT OF STITCHILL 119
John Pringle of Stit chill Knight Barronnett Heretable Pro-
prietor of the Lands and Barronny of Stitchill, Queenscairne
and Pertinents upon the 9th day of May 1696 yeares.
Curia legittime afflrmata.
The which day the said Sir John Pringle sittand in judg- Reparation of
ment enacts statutes and ordaynes all such persons as gets
money put into ther hands for making sufficient such houses
as they enter to at the nixt term of Whitsunday 1696 yeares
to bestow the money wholly upon the said houses betwixt and
the Term of Mertimes next to come as they will be answerable
at the sight of competent judges and workmen for that effect
under the payne of 51ib. Scots money each person contraveiner
of this pntt. Act by and attour the soumes requisit for making
the house sufficient and for the more effectual putting of this
in execution Appoynts William Lawrie with any two of the
Bourlaemen he shall pitch on to be joyned with Thomas Under-
wood, Thomas Watts and Adam Richison workmen to take in-
spection of the saids houses and report ther diligence herein at
the Head Court at Mertimes next And for that end ordayns
ane Extract to be given therin containing a List of the houses
and possessions comprehendit under the present Act.
The which day Robert Hoggart eister in Stitchill is Debt,
judicially decerned to content and pay to Thomas Underwood
Wright ther the sowme of lOlib. lOsh. Scots money restand
of I61ibs. lOsh. money forsaid borrowed and receaved be the
defender from the Complainer 2 years or therby ex confessions
rei. 14sh. expenses.
The which day Elspeth Fairbairn spouse to John Robison Winter fee.
maltman in Stitchill and the said John for his interest ar i eiiirnenTfis.
judicially decerned to make payment to Alison Alexander °J^J g" ^^^^^j^
servitrix to Patrick Miller in Maynrigg the souni of 61ib. hose, or i ell
Scots money for halfe a years fee wrought be the Complainer^
to the defender from Mertimes 1694 to Whitsunday 1695 last
by past with lOsh. money forsaid as the pryce of an ell of
Linnen : 6sh. money forsaid as the pryce of ane ell of harden
with 8sh. as the pryce of a pair of hozc or an ell of plaiden In
respect the said defender compeired personallie and confest the
same lOsh. expenses.
The which day the said Judge sittand in judgment anent
120
THE MINUTES OF THE
[1696
Cutting Whins, ane Complaint given in be Alexander Lowry in Queenscairne
and the rest of the Tennents ther with the concurrence of the
Procurator ffiscall of the said Court against the haill inhabi-
tants of the Barronny of Stitchill makand mention That quher
contrair to the Acts and Statutes of this Court ther are
severall inhabitants within the Barronny of Stitchill in use to
cutt whins upon the Complainers possession without either
license or allowance to ther great prejudice and therfor humbly
craved that they might not only be discharged to doe the lyke
in tym comeing but also unlaid therfor As the said Com-
plaint bears Which the Judge taking to his consideration dis-
chairges all residenters in the Nethertown of Stitchill and
uthers to cutt any whins in tym comeing upon the Com-
plainers ground except these who hes a particular allowance
for that effect under the penalty of twenty shillings Scots
money toties quoties the halfe of the said penalty to be
allowed to the apprehenders of the said persons Understanding
heirby that non of the saids residenters ar hindered to cutt
whins within their own possessions The said penalty to be
decerned for at the Burlae Court at any tym at the instance
of the said Complainer and execution to pass immediately
upon the Sentence of the Burlae Court for that effect The
other halfe of the penalty to be disposed upon the Bourlae
Men as they shall think convenient.
(79)
1696, Dec. 5.
Green Lint.
Weights and
Measures.
Ane Head Barron Court halden at Stitchill Kirke be the
Right Honourable Sir John Pringle of Stitchill Knight
Barronnett upon the 5 day of December 1696 years.
Curia legittime afflrmata.
The which day the wholl tennants and cottars compeired
personally and took Instruments upon their compeirance.
The which day the saids Tennents and cottars within the
Barronnie of Stitchill are unlaid and amerciat conform to the
Acts of Parliament for contraveining the Acts of Parliament
in laying in and steiping of Green Lint in Lochs, Burnes, and
other Running Waters as also the haill weivers in keiping of
insufficient weights and measures not tryed with the Standard
jugg of the heid Brugh of the Shire In respect of ther own
confessiones.
1696] BARON COURT OF STITCHILL 121
The which day John Robeson maltman in Stitchill and Debt.
Elspeth fFairbairn his spous are judicially decerned to content
and pay to Margrat Scott relict of the deceist William Lowrie
in Stitchill as executors and other ways haveing right from
her said deceist husband the soume of Ane hundred and
twelve pounds Scots money as the remainder of the pryce of
Twenty ane Bolls Beare bought and receaved be the said
defender from the Complainers deceist husband twa yeires
since or therby conform to ane fitted Accompt between the
Complainer and the Defender upon the 21 of October last. In
respect the said defender compeired personallie and confest the
forsaid sowm to be truly restand and the said persewar pro-
duced the said fitted accompt for instructing therof
The which day John Richison son to Adam Richardson in Teinding.
Stitchill is unlaid and amerciat in lOlib. Scots money for leading
and away takeing of certain corns in tym of Teynding and not
attending upon the Teynding but leading his own cornes con-
trair to the Acts of Court and to the great hindrance and pre-
judice of the teynding In respect the said Lybell was sufficiently
instructed.
The qlk day Robert Waitt mason in Stitchill is judicially Debt,
decerned to make payment to Elspeth ffairbaim in Stitchill
and John Robeson her husband for his interest the sowme of
41ib. 17sh. Scots money compted betwixt the Complainer and
defender upon the 4 day of December instant ex confessione rei.
The which day George Aitchison merchand in Stitchill Claim
is judicially decerned to make payment to George Hamiltoun
in the Hill the sowm of 161ib. 7sh. Scots money restand of a
greater sume which was deu by James Steinsone merchand in
Kelso to the Complainer and for which the said defender
became debtor and undertook to pay to the Complainer halfe
a yeirs since or therby with 12sh. money foi*said as the pryce
of ane Ennle sheitt ^ which the defender promised to get up to
^ Enel-sheet ; literally an end-day sheet, a winding-sheet.
' Forbye a dainty enel-sheet,
Twa cods, whilk on the bouster meet,
An* shps anew to male' complete
A beddin' o" the kin' O.'— WAT. WATSON.
The enel-sheet was a double sheet of fine linen which thriAy females selected
122
THE MINUTES OF THE
[1696
the Com plainer from the said James Stevison and as yet never
performed ex coivfessione rei.
(80)
1696, Dec. 12.
Compulsory
Education.
Chapman.
I year's Fee
;^S. 10. etc.
Ane uther Court of the Lands and Barronnie of Stitchill
halden at the Kirk therof be the Right Honourable Sir John
Pringle of Stitchill Knight Barronnett heretable proprietor of
the Lands and Barrounie therof upon the 12 day of the said
moneth of December 1696 yeares.
Curia legittime affirmata.
The which day the said Sir John Pringle statutes and
ordaynes and requires all persons and residenters within the
said Barronnie of Stitchill as are in a capacity That they putt
their children to the public Schooll within the said Barronnie
under the payne of Ten pounds Scots money each person con-
traveining of this Act for ilk failzie toties quoties efter they
shall be required to doe the same allowing them from the daitt
heirof full six dayes that non may pretend ignorance and
ordayns summar executioun to pas against the offenders and
transgressors by poynding or otherways without necessity of
taking Decreits thereupon And ratifyes all former Acts made
anent the school.
The which day George Hammiltoune is judicially absolved
and assoilzied from ane Lybell and claim persewed at the
instance of George Aitchison chapman ther mentioning that
wher the said defender in June last obleidged him to have
procured from James Stevisone merchand in Kelso an Bond for
the soume of 241ibs. Scots money In favor of the Complainer
wherof the defender postpones and deferres to doe the same.
And the said defender compeired personally denyed the claim
which was be the said persewar referred to his oath who
depounid negative. In respect wherof the Judge assoilzied in
manner forsaid.
The which day Mungo Archibald in Stitchill is judicially
decerned to pay to William Crawfoord in Stitchill the soume
and carefully preserved in fold ready to be used as a covering for their dead body
before it was put in the coffin. It was a special requisite of a bride's outfit, and
decked her bed on the marriage night, after which it was carefully laid past to
be used again only as her last earthly covering. — Su/>p. /amteson's Scot. Dict.^
Donaldson,
1696] BARON COURT OF STITCHILL 123
of 51ib. lOsh. Scots money as ane years fee wrought be
Margaret Crawford the Complainers daughter fra Whitsunday
1695 to Whitsunday 1696 with six quarters of Linning or 8sh.
Scots as the modifyed pryce of the ell therof of bountith
Reserving actioun for ane ell of harden if they can instruct the
same ex covfessione rei. The said persewar as having right from
his daughter being instructed.
The which day Adam Haggart wright in Stitchill and Abstracted
James Steill taylzeour there are judicially unlaid and amerciat
each of them Ten pounds Scots money for abstracted Multures
since Mertimes last as also reserving action to the miller
against the defenders for multure and uther casualties dew to
him to be persewed at the millers pleasure and lykewyse
reservand to the defender all action for any just complaint
they may have against the millers ex confessione rei.
The which day John Smith at Stitchill Parkend Margrat Debt.
Scott relict of the deceist William Lawrie baillie in Stitchill
James Lamb elder ther and John Donaldson ther are judicially
decerned to make payment to Robert Gottrae indweller ther
the soume of 321ibs. Scots money advanced be the Complainer
to the defenders for outreickinff of ane souldier ^ for the paroch Furnishing a
Soldier
of Stitchill preceiding Whitsunday last ilk ane of them for
ther own pairts with the interest of the said Principall Soume
from the daitt of this Decreit In respect the defender Scott
compeired personally and confest and the rest of the defenders
being lawfully summoned ofttymes callid and not compeirand
wer halden as confest.
The which day Robert Liggaitt herd in Stitchill is judicially A Full of peas
decerned to make payment to Adam Hoggart wright ther the
soume of ane pound lOsh. Scots money of Principall as the
pryce modified of ane full of peis eatten and destroyed be the
defenders bestiall wherto he was herd by his neglect with 21sh.
money forsaid as the modified pryce and worth of 3 stoucks of 3 Spooks of
strae also eatten and destroyed be the defenders bestiall in
* This is now the reign of King William 111. Those five persons had borrowed
money from Robert Gottrae in order to pay their costs towards furnishing a
soldier for Stitchell parish, which they were now ordered to pay, along with
interest due.
124
THE MINUTES OF THE
[1696
harvest last In respect the said persewer compel red personallie
and produced ane nott of ... be Jon Donaldson and James
Lamb and the said defenders own confessione.
(81)
i697januaryi4,
Act in favour of
the Waulker
;^io penalty.
Riot and
Sabbath pro-
fanation and
blood wyt ;^5o,
Ane other Barron Court halden at Stitchill Kirk be the
' Right Honourable Sir John Pringle of Stitchill Barronnett
upon the 14 day of January 1697 yeares.
Curia legittime affirmata.
The which day the said Sir John Pringle sittand in Judg-
ment anent ane complaint given in be James Watson waulker
at Stitchill Waulk Mylne which the Judge takeing to his
consideratioun dischairges all persons within the Barronnie of
Stitchill either men or women masters servants or children
to agent for other waulkers in the country by doing ther
indeavours for procuring work to them within the Barronnie
of Stitchill in any manner of way directlie or indirectlie under
the pain of lOlib. Scots money each person toties quoties who
shall contraveine this Act.^
The qlk day the said Judge sittand in judgment anent the
Lybells persewed at the instance of Ritchard Gottrae and
George Aitchison both indwellers in Stitchill hinc hide against
others mentioning that wher they and ilk ane of them in ane
inhumane and unchristian manner upon Sabbath was eight
days being the sixth of January instant beatt and stryck each
of them others in severall pairts of ther body to the effusion
of ther bloods in great quantitie and particularly the said
Ritchard Gottrae by blooding the Complainer Aitchison in
his face by giving him blowes therupon with his hands and
tether and ry ving of his hair as the Lybell bears. Which being
callid and the saids George Aitchison and Ritchard Gottrae
both compeiring personallie The said Ritchard Gottrae confest
he beatt the said George Aitchison and gripped him be the
hair of his head and tare the same And the said George
Aitchison confest that he beatt Gottrae and laid violent hands
upon him as also confest that he said if Gottrae did not quitt
^ The effect of this Act by the baron was to thirl the inhabitants of the
Barony to the waulk-mill just as they were also thirled to the corn-
mill.
i697] BARON COURT OF STITCHILL 125
with the tether he wold cutt it through with his knyfe and
denyed the other expressions lybelled. Which Lybells and
confessions of the fornamid pairties the Judge takeing to his
consideratioun and finding be their own acknowledgements
and confessions concurring with other unquestionable evidences
and presumptions that they are guilty each of them of a Ryott
and profanation of the Sabbath day blood and blood wytt
Therfor unlaes and amerciats the saids persons each of them in
ffyfty pounds Scots money And remits to the Burlaemen to
consider whether or not George Aitchisons horse was upon
the uthers skaith And in that caice whether or nott Ritchard
Gottrae could lawfullie take ane tether for a poynd and to
determine according as they shall see causes in other points
of neighbourhead By ordayning reparation of damnage fyning
or any other manner of way they shall find fitt.
The qlk day the Judge ordayns both pairties to witt George ^°° merks'
Aitchison and Ritchard Gotrae to enact themselves to keip
the publict peace under the payn of 100 merks that they
abstain from anything that may be prejudiciall to others in
ther bodies goods and possessions And that they shall not
threatten others with injurious words and expressions under
the said penalty of 100 merks the halfe to be applyed to the
use of the pairty damnified and ordayns the officer to see this
Act put into execution and ane Act to be extended therupon
in ample form and both pairties to subscrybe the said Act.
The which day Robert Hammiltoune, John Watson, Adam New Burlae-
Hoggart Wright, James Service, Thomas Simm younger, John
Younger and George Wilsone are added to the number of the
Burlaemen formerly mentioned who gave their oath de Jideli
administratione offlciorum and appoynts fyve to be a quorum
of which Alexander Lowry always to make ane. Robert
Hammiltoune, John Watsone, Adam Hoggart, James Service,
John Younger, Thomas Simm declairs he cannot writt.
The which day Thomas Underwood wright in Stitchill is ^**^j* ^^^ P^^*"
judicially decerned to content and pay to William Maisone
in Neuton Mylne the soume of 18lib. Scots money as the
remainder of the pryce of ane Boll and a halfe of Malte
bought and receaved be the defender from the Complainer at
Lambes last at 161ib. the Boll ex confess'tonf ret.
126
THE MINUTES OF THE
[1697
It a est Gulielmus Pr ingle ^ Notarius Puhlmis acpraedict. cur ice
clericus testam. his meis signo et subscriptione manualibus.
(82)
i697,January23.
Claim,
Deforcing a
Sheriff Officer.
Recovering a
Cow.
Assault.
Ane uther Barron Court holden at Stitchill Kirk be the
Right Honourable Sir John Pringle of Stitchill Knight
Barronnett heretable proprietor of the Lands and Barronnie
therof upon the 23 January 1697 yeares.
The which day Adam Hoggard in Stitchill is judicially
decerned to make payment to John Scougall servitor to Jon
Brunton smith ther the soume of ISlibs. Scots money borrowed
and receaved be the said Defender from the said Complainer
twa yeires since or therby In respect the said defender being
lawfuUie summoned ofttymes called and not compeirand was
balden as confest wherfor the Judge decerned in manner for-
said expenses 20sh.
The which day the said Sir John Pringle sittand in judg-
ment anent the Lybell persewed at the instance of George
Taylzeour gardiner att Berwick and George Patterson Com-
missary Officer in Kelso with concurrence of the Procurator
ffiscall against Agnes Lamb spous to Thomas Underwood
Wright in Stitchill and the said Thomas for his interest and
Marion Hogart and Joan Hill indweller ther Makand mention
that wher upon the 22nd day of January instant the said
Complainer with the said George Patterson Officer be virtue of
ane Decreit obtained before the Commissar of Peibles against
the said Thomas Underwood of the daitt the . . . day of j*"vi^
and nynty . . . yeares was offering to poynd the said Thomas
Underwood his goods and gears and that for payment making
to the said Complainer of the soumes of money both Principal 1
and expenses therin contained and trew it is that the saids
defenders and ilk ane of them did most masterfully deforce
spuillzie and away take from the said George Patterson officer
ane cow which was in his possessione and had poyndit the
same and contrair to all Law and in high and in manifest con-
tempt of all authoritie did most masterfully bereave the said
cow from the Complainer. As also the said defender Agnes
Lamb most furiously did gripp and ry ve the said George Patter-
son his hair out of his head and threatened to ryve the heart
i697] BARON COURT OF STITCHILL 127
from the said Complainer rather then he had gotten a beast out
of doors. And therfor cravid that the saids defenders and ilk ane
of them might be unlaid and amerciat conforme to the Acts of
Parliament and . . lastly punished in ther bodies and goods to
the terror of others to committ the like. Which being callid
and the said persewers and defenders both compeirand person-
allie the judge having taken to consideration the forsaid lyble
with ane uther Lyble persewed at the instance of the said
Agnes Lamb against tlie said George Taylzeor by beatting her
throwing her to the ground and tramping upon her And having
examined severall witnesses on both sydes for proving therof
the cry me contained in the saids Lybles ffinds only proven
by the saids Depositions that there was a Strangling betwixt
the said George Taylzeour and Agnes Lamb with which she
fell to the ground And finds sufficiently proven and instructed
by the saids Depositions that the said Agnes Lamb did imped
the officer in doing of his diligence and stop him from dryving
his poynd. Upon all the Judge efter mature deliberatioun
assoilzies and absolves the said George Taylzeour from the
Ryott lybelled against him In respect the said Agnes Lamb
did violently attempt the deforceing of the Officer and that it
may be j ustlye and lawfullie constructed the other did not lay
maliciouslie violent hands on her but that his strangling with
her and throwing of her as is proven was only with intent to
imped her in her said designe of the deforceing the Officer.
The Judge takeing to consideratioun the latter pairt of the
lyble finds not proven and therfor assoilzies the defender Lamb
therfor.
The Judge upon the haill premises interprets the tumultuous Deforcing, los.
melting of the rest of the women contanid in the Lyble to ^^ ^^°'
have ... a design to deforce the Officer and amerciat each
of them in lOsh. Scots as lyking . . . the said Agnes Lamb
whose attempt upon that accompt was sufficiently instructed
from her own confession and deposition of the witnesses in
lOlibs Scots.
Ane uther Court of the Lands and Barronny of Stitchill (83)
holden at the Kirk therof be the Riglit Honourable Sir John * *' **
Pringle of Stitchill Knight Barronnett Heretable Proprietor
1^
THE MINUTES OF THE
[1697
of the Lands and Barronny therof upon the 1st day of May
1697 years.
Cu7'ia legittime affirmata.
The which day Petter Purvess in Stitchill and Margaret
Marshall his spouse and Jean Purvess his daughter ar judicially
Rent of cot 30s. decerned to make payment to Thomas Linnen ther the soums
each.^"sp!nning ^^ money following, viz, — The soum of 30sh. Scots money as
i6d. per day. the rent of ane Coat house thrie Kayn Hens or fyve shillings
as the pryce of each of them with 16(1. money forsaid for each
day of 5 days spynning.
Debts. The which day Adam and Andro Haggarts in Stitchill are
judicially decerned to make payment to John Younger miller
at Stitchill Miln the soums of money following ilk ane for ther
own pairts as is efter divydit To witt the said Adam Haggart
the soLime of 141ib. 6sh. Scots money pairtly of borrowed money
and pairtly as the pryce of certain meall bought and receaved
halfe a year since or therby The said Andro Haggart 221ibs.
lOsh. pairtly as the remainder of the pryce of certain sheip
and pairtly for oats and oatmeall bought and receaved be the
said defender from the Complainer within this two years or
therby ex confessione rei.
The which day Adam Haggart in Stitchill is judicially
decerned to make payment to Andro GifFen ther the soums
of money following for the causes efter specified viz, — 11 lib.
Yule. lOsh. Scots money of borrowed money at Yeuill last with
severall other articles of theLyble extending to 231ib. 7sh. 6d.
Scots money efter compts betwixt them was adjusted being
referred to thrie honest men to hear the saids pairties compts
and reckon who gave in their reports in manner forsaid.
Mare ^22. The which day Ritchard Gotrae in Stitchill is judicially
decerned to accept and receave from Thomas Yeaman coupper
ther ane Meir sold to the defender be the Persewer upon
Wednesday last and to pay to the Complainer 221ibs. money
forsaid as the agreyed worth and pryce therof upon receipt of
the said Meare.
Debt. The which day Robert Hoggart in Stitchill is judicially
decerned to make payment to George Hammilton ther the
soum of 12lib. 9sh. Scots money as the agreyed pryce and
worth of certain oatts bought and receaved be the defender
i697] BARON COURT OF STITCHILL 129
from the Complainer ane year since or therby ex confessione
rei.
The qlk day Andro Marshall in Stitchill is judicially Riot ;^io.
decerned to make payment to the Procurator ffiscall the
soume of lOlibs. Scots money as ane fyne and amerciament
imposed upon him for ane Ryott committed be him upon
Jon Russell servitor to William Maison in Neuton Lees upon
Monday wes eight days ex confessione rei.
The which day Adam Hammiltoun weiver in Stitchill and i peck meal 30s.
William Taylor there are decerned and ordained to content
and pay to Adam Richardson ther the soumes of money
following ilk ane of them for his own pairts as is efter divydit.
To witt the said Adam Hammiltoun the soum of 30sh. Scots
money as the pryce and worth of ane peik of oatmeall bought
and receaved be the said defender from the Complainer halfe
a yeir since or therby the said William Taylor 40sh. Scots
money forsaid borrowed and receaved be him from the Com-
plainer at Trinity Monday last. In respect the saids defenders
being lawfullie summoned ofttymes callid and not compeirand
was halden as confest.
The which day David Brown sklaitter in Stitchill is judici- Wool ^^8 per
ally decerned to make payment to John Sinclair in Haryheuch ^^°°^'
the soume of foure pounds Scots money as the pryce and
worth of halfe ane stain of wooll bought and receaved be the
defender from the Complainer with ane cheise, two years since
or therby In respect the said defender compeired and confest
the said soum to be justlie resting.
Ita est Gulielmus Pringle, Notariiis Puhltcus acpraedict. Curiae
clericus.
Ane Head Barron Court holden at Stitchill Kirk be the (g^)
Right Honourable Sir John Pringle of Stitchill Barronnett «^' ^'°^- «3.
Heretable Proprietor of the Lands and Barronny thereof upon
the 13 day of November 1697 years.
Curia legitthne affirmata.
The which day John Donaldson in Stitchill is judicially t neck bamt
decerned to make payment to Joan Trotter relict of the J^ "JfoISSS
deceist John Burn in Ednim the soums of money efter speci- **""*?!j "**•
fied for the causes following To witt threttein shilling Scots JJ. ^
I
ISO THE MINUTES OF THE [1697
money as the pryce of half a peck of beans item twentyfoure
shillings money forsaid as the pryce of ane peck of peis item
twentysix shillings money forsaid as the pryce of thrie capfuls
and a half of lint-seid, item four shilling money forsaid as the
pryce of half ane hunder bou kaill plants all sawen be the
Complainer upon the defenders yaird which with ane hous
was sett be the said defender to the persewer from Whitsun-
day 1697 to Whitsunday 1698 which the said Complainer was
frustratt of and did not attain to the possession of the same.
In respect the said defender compeired personallie and confest
the said yaird to be sawen with the Complainers seid and also
the pryce therof forsaids Wherfor the Judge decerned and
ordained in manner forsaid.
per eif"^3 eus* "^^^ ^^^^^ ^^^ Robert Waitt in Stitchill is judicially decerned
harden 5s. per to make payment to Archibald fFairbairn miller at Ednim and
Margaret ffairbairn his daughter the soum of ten shillings
Scots money as the agryed pryce of thre ilk ells of Linning
and fyve shillings money forsaid for each ell of thrie ells of
harden of bountith cloath for thre halfe years service wrought
be the said Margaret to the defender four years since or therby
In respect the said defender being lawfully summoned ofttymes
callid and not compeirand was halden as confest.
Carrier to Edin. The which day the said Sir John Pringle Barronnet sittand
via Dalkeith. .., ,, iiiiii
in judgment hes decerned and ordayned and decerns and
ordayns Adam Hoggart caryer in Stitchill to content and pay
to James Hoggard in Maynrigg the soum of 24 shillings Scots
money pairtly for the remainder of ane cariadge from Stitchill
to Dalkeith in Summer last and pairtly for a thrave of oatt
strae bought and receaved be the defender from the Complainer
in Winter last In respect the said defender being lawfully
summoned ofttymes callid and not compeiring was halden as
confest.
The which day Issobell Hoggart servitor to James Lamb in
Runningburne is judicially decerned to make payment to John
One Quarter Underwood in Stitchill 18sh. Scots money as the pryce of six
men 3s. quarters of Linning bought and receaved be the said defender
from the Complainer three yeares since or therby. In respect
of absence the defender being lawfully cited to have compeired
this day and plais, was holden as confest.
1698] BARON COURT OF STITCHILL 131
The which day the said Judge statutes inacts and ordaynes Furnishing cot-
Alexander Lowrie, John Donaldson, Robert Hamniiltone,James divots.
Service, and George Wilson to meitt together at any tyme and
form some overtures amongst themselves for furnishing the
coatt-houses most conveniently with divotts and ordaynes them
to present the saids overtures again the nixt Court day Allow-
ing any residenters within the Barronnie of Stitchill to waitt
upon the meetings of the saids persons and give in what pro-
posals theranent as they shall think fitt.
As also the said day it is statute ordayned and declared Tilling,
that the pryce of teilling halfe a quarter of land in the Maynes
to be 81ib. Scots money conform to use and wont as lykewyse
the teilling of halfe a fourth aiker to be 51ib. money forsaid
Declairing that payment for the said work be not maid
betwixt Mertimes and Candlemes The persons hyring their
ploughs may have liberty to stop or take any just method
competent for ther satisfactione and this but prejudice for the
pairties to aggree on what days they please betwixt the saids
terms.
Lykewyse it is statute and ordayned and declaired that Lifting Corn,
whatever portioner in the Mayns shall be convicted of having
lifted corne off ther neighbours rigg either by mistake or other
ways shall be lyable for whatsoever corns ar missing through
the whoU Maynes The persons persewing giving sufficient
evidence either by oath or otherways of the corns that ar
awanting and this Act to stand in force in all tyme comeing.
The Courts of the Lands and Barronny of Stitchill halden (85)
at the Kirk therof be the Right Honourable Sir John Pringle ^698. Januarys,
of Stitchill Barronnett heretable proprietor of the Lands and
Barronny therof upon the 22 day of January 1698 years.
Curia leglttime affirrnata.
The qlk day George Hammilton in the Hill is judicially i Boll Oats
decerned to make payment to Andrew Walker in Kaimflatt ^^°* ^
the soume of 221ib. 7sh. Scots money as the remainder of the
pryce of 3 bolls and ane full of oatts at lOlib. 9sh. Scots money
per boll bought and receaved be the defender from the Com-
plainer at Candlemes last bypast. In respect the said defender
compeired personallie and confest the forsaid scum to be justly
132
THE MINUTES OF THE
[1698
Debt.
Cow.
Awmry.
Deforcement
£5-
resting owing Reserving actione to the persewar against Andro
GifFan weiver in Stitchill ailed ojed cautioner for the defender.
The Principall not paying or not being solvends And lykewyse
allowing the Cautioner to retain in his own handes his security
against the Principall till the persewar be satisfied for the
Decreit lybelled with 24sh. money forsaid of expenses of pley
extracted.
The which day William Thomsone weiver in Stitchill is
judicially decerned to make payment to Margarat Scott relict
of the Deceist William Lowrie in Stitchill the soume of 51ib.
4sh. Scots money restand of 11 lib. 8sh. money forsaid borrowed
and receaved be the defender from the Complainers deceist
husband in Summar bygone a year wherto the said Com-
plainer hes good and undoubted right In respect the said
defender being lawfuUie summoned ofttymes callid and not
compeired was holden as confest with 12sh. money forsaid of
expenses of pley extracted.
The which day Robert Hoggart in Stitchill is judicially
decerned to make payment to Alexander Heislope wright in
Stitchill and Adam Chairteris there equally betwixt them the
sowms of money following for the causes efter specified viz, —
The soum of 10 pounds six shillings Scots money as the re-
mainder of the pryce of a cow bought and receaved be the
defender from the Complainer at Mertimes last bypast. Item,
Twenty eight shillings money forsaid as the remainder of the
pryce of ane almery bought and receaved be the defender from
the Complainer Alexander Hyslope four years since or therby
In respect the said defender compeired personallie and confest
the forsaid sowms to be justly resting owing with sixteen
shillings money forsaid of expenses.
The which day Adam Hoggard in Stitchill meilmaker is
judicially decerned to make payment to the Procurator flfiscall
the soume of fyve pounds Scots money as ane fyne imposed
upon him for deforceing the Officer in execution of his office
when he was poynding the defender at the instance of James
Hoggart in Maynrigg be vertue of a Decreitt obtaind at
his instance against said Adam Hoggard and violently be-
reaved from the said Officer ane pott which he had poyndit.
Ex confessione.
1698] BARON COURT OF STITCHILL 133
Ane Court of the Lands and Barronny of Stitchill halden (86)
at Stitchill Kirk be the right honourable Sir John Pringle of
Stitchill Barronnett Heretable Proprietor of the Lands and
Barronnie therof upon the 28th of May 1698 yeires.
The which day Ritchard Gottrae wright in Stitchill, Beatrix
Trotter in Queenscairne relict of the deceast Robert Hopper
in Stitchill ar judicially decerned to make payment to John
Younger at Stitchill milne the sowms of money following ilk
ane of them for ther own pairts as is efter divydit To witt
the said Ritchard Gottrae the soum of 24sh. Scots money as the
pryce of ane seek borrowed and receaved be the said defender i sack 24s.
from the said Complainer ane certain tym bygaine and never
redelyvered Item the said Beatrix Trotter and John Hopper
her sone conjunctly and equally the soume of 5lib. 5sh. money
forsaid as the pryce of halfe a boll of peis bought and receaved
be the said defunct from the Complainer in March bygon a i Boll peas
year In respect the said Richard Gottrae confest. And the said ' ^^'
Trotter and Hopper being lawfullie summoned ofttymes called
and not compeiring was holden as confest. And the said
Robert Hoggart 121ibs. money forsaid for certain oatt meall
bought and receaved be him from the Complainer at Mertimes
last ex confessione rei.
The which day the said Ritchard Gottrae and Robert Oats £7.4. per
GifFane in Stitchill are judiciallie decerned to make payment ° *
to William Johnstoun tennant in Overmayns the soum of 931ib.
12sh. Scots money equally betwixt them as the aggryd pryce
of certain bolls of oatts bought and receaved be him from the
Complainer in winter last at 71ib. 4sh. per Boll In respect they
both compeired and confest the same but denyed ane con-
junct bargain whicli was be the defender deferred to the per-
sewars oath who refused to depone wherfor they wer assoilzied
from the said conjunct bargaine.
The which day James Lamb younger in Stitchill is judicially
decerned ex consensu to make payment to Robert Lidgaitt
ther the soume of 131ib. Scots money as ane harvest fie Harvest Fee
wrought be the Complainer and his spous to the defender in **^^'
harvest last Item 51ib. money forsaid for halfe a yeires fie Halfrear's fee
wrought be the Complainers sone Robert Lid^L^ to the said ^^ ^^'
defender 2 years since or therby.
UNIVERSITY
1S4 THE MINUTES OF THE [1698
The which day John Younger milner is decerned to pay to
John Gillespy in Maynrigg the soum of 24sh. Scots money as
the pryce of ane seek intromitted with be the said defender
perteining to the Complainer which seek was lying at the Myln
allowing the said defender his relief from Ritchard Gottrae
who receaved the said seek from him e^ confessione rei.
^®^*- The which day John Adam, Ritchard Taylor, in Queens-
cairne is judicially decerned to make payment to John Adam
James and Hellen Hendersons lawfull children to the deceist
Adam Henderson in Nether Stitchill the soume of 34libs. l^h.
Scots money in full satisfaction to the Complainers and
Alexander Alexander spous to the said Hellen for his interest
of the Principall soum of 441ibs. money forsaid and of the
annual rents therof preceiding from Whitsunday last bypast
1698 and of the termly penulties therin contained in ane
Bond granted be the said defender Richard to the said de-
funct of the daitt the 1st day of December 1693 yeares. Ex
confessione.
The which day Robert Hoggart in Stitchill and John
Robison ther ar decerned to make payment to Thomas Sklait-
ter at Newton mylne the soums of money following viz. the
said Robert Hoggart the soume of 20sh. Scots money as the
remainder of the pryce of a cow bought and receaved be
the defender from the Complainer 4 years since ex confessione
rei.
Oatmeal 25s. The said John Robison is decerned for 25sh. money forsaid
per pec . ^^ ^^^ pryce of a peck of oatmeall bought and receaved be the
defender from the Complainer in Harvest last Being lawfully
summoned ofttymes callid and not compeiring was holden as
confest.
Four Bolls The which day the said Sir John Pringle sittand in judg-
Oats ^39. 4. ment hes decerned and ordayned Robert Hoggard in Stitchill
and Agnes Hoggart his spous to make payment to Jannett
Inglis in Lochtoune^ the soume of 29libs. 4d. Scots money
^ This was the estate of the brother of the baron, Sir Walter of Lochtoun.
He was admitted an advocate loth December 1687 ; constituted a Lord of
Session, as Lord Newhall, 6th June 1718 ; at the same time appointed a Lord of
Justiciary and knighted. He died 14th December 1736. Hamilton of Bangour
composed an epitaph on Lord Newhall.
1698] BARON COURT OF STITCHlLL 135
only resting of 391ib. 4sh. money forsaid as the aggryed pryce
of 4 bolls of oatts bought and receaved be the defender from
the complainer ane year since ex confessione rei.
The which day John Smith in Stitchill for ane Ryott com- Riot and Con-
mitted be him upon Ritchard Gottrae in the face of the £^0^
Bourlae Court is unlaid and amerciat in lOlibs. Scots money
the cryme being aggravated by the aforesaid circumstance by
beatting the said Richard upon his face in the said oppen
Bourlae Court ex confessione rei.
The which day George Ridpeith servitor to John Bruntoun
smith in Stitchill anent the claime persewed at his instance
against Patrick Millar in Sweithope the said Patrick is
decerned ex confessione to make payment to the said George
Redpeith 48sh. Scots money as the pryce of a full of beare of i full of Bear
bountith for a harvest fie wrought in harvest last. ^
The which day James Mather in Stitchill is decerned to pay
to Robert GifFane ther the soume of 43sh. Scots money as the
remaynder of a grass maill in Summer last ex confessione and Grass-maiii.
assoilzies fra the rest of the soume ly belled.
The said day Richard Gottrae is decerned to pay to James Yule.
Donaldson in Ednim 11 lib. 9sh. 6d. Scots money as the re-
maynder of the pryce of certain oatts bought and receaved
at Yeuill last ex confessione rei.
The which day in the Actioun and Cause persewed be Mr. Schoolmaster.
William Wilson schoolmaster of Stitchill against Robert
Giffan ther, anent a peice of ground in a pairt of the Mayns
formerly possesst be James Lamb debaittable betwixt the said
Mr. William and the said Robert Giffane the Judge refers to
the Burlaemen to consider more fully and determine therin
and to make report nixt Court day.
The which day Sir John Pringle of Stitchill Barronnett Act anent
sittand in judgment dischairges all residenters within the ^^^*"*
Barronny of Stitchill here efter to resett harbour intertain or ^,0 penalty,
give almes any manner of way to any poor people whatsoever
that goe from place to place for charity except these allencrly
that shall be listed as poor within the Barronny of Stitchill
by the Heretor and Elders at their meitting conforme to the
many Acts of Parliament and Counsell for that effect under
the payn of ten pounds Scots money for every tyme that it
136 THE MINUTES OF THE [1698
shall be discovered the saids Residenters have entertained
or given almes to any poor but such as ar properly to be
alimented by the paroich and ordayns all within the Barronnie
of Stitchill to give ther assistance to ane another for expel-
ling such poor people and bringing them to condigne punish-
ment when they shall be apprehendit giving occasion of
creating any trouble or disorder within the paroch upon ther
refusing of almes. Declairing that such as refuse ther assist-
ance to ther neighbours in this manner shall be lyable in the
certificatioun forsaid and lykewyse declairing that in both
caices the Informer against the contraveiner of this Act shall
have the one halfe of the said penalty and ordayns this pntt.
Act to be put to dew and lawfull executioun with all rigor.^
I year's grass As also the said day the said Judge statutes and ordayns all
coal from Eng- Coattcrs and other residenters within this Barronnie of
land. Stitchill to pay for every horse they gras upon the Hall-hill a
load of coalls from England when they shall be required to
bring in the same with certification And lykewyse ordayns
such persons as gras upon the said hill in Summar 1697 to
bring in a load of coalls for that year's gras and in all tyme
comeing so long as they take the benefit of the said gras when-
ever they shall be required to perform the same under the
certification forsaid and heirby expressly dischairges the other
residenters to put any beasts upon the said hill at any tym of
the year whatsoever But declairs it shall be reserved allenerly
for the use of such of the coatters that have a mynd to grass
Great tenants ther horse theron In which the great Tennents ar no ways
excepted. comprehendit who ar to have no benefits of the same any
manner of way and this Act to stand in force in all tym
comeing.
(87) Ane Head Barron Court halden at Stitchill Kirk be the
19, ov. . j^|g|^|. Honourable Sir John Pringle of Stitchill Barronnett
Heretable Proprietor of the Lands and Barronny therof upon
the fifth day of November 1698.
The which day compeired the wholl Tennents and coatters
1 This act anent the poor would not include such privileged beggars as
Edie Ochiltree the Bluegown, who travelled this district.
1698] BARON COURT OF STITCHILL 137
within the said Barronny and took Instruments upon ther
compeirance.
The qlk day Thomas Underwood wright in Stitchill is 6 fulls malt
judicially decerned to make payment to Patrick Miller in j boU J9. 16.
Dunse the soum of 141ib. 14sh. Scots money as the pryce of 6
fulls of malt bought and receaved be the Defender from the
Complainer at Pasche last at 91ib. 16sh. the boll In respect the Pasche.
said defender compeired personallie and confest the same
wherfor the Judge decerned in manner forsaid.
The which day Ritchard Taylor in Queenscairn is judicially Debt,
decerned to make payment to Jannett Lamb in Stitchill the
soum of Ten pounds Scots money borrowed and receaved be
the said defender from Robert Hammiltoun the Complainers
husband fourteen years since or therby In respect the said
defender being lawfullie summond ofttymes called and not
compeiring was halden as confest with 16sh. of expenses of
pley.
The which day John Robeson in Stitchill is judicially
decerned to make payment to George Wilson Maltman ther
the soum of lllib. 5sh. Scots money as the remainder of the
pryce of certain malt bought and receaved from the Com-
plainer a year since or therby. In respect the said defender
compeired personally and confest the same with 16sh. money
forsaid for expenses of pley.
The which day James Mather in Stitchill is judicially 6 fuUs Oats
decerned to content and pay to George Dickson in Kenlaes ^"' ^' ^'
lllib. 3sh. 2d. Scots money as the aggryed pryce of 6 fulls of
oats bought and receaved be the defender from the Complainer
a year bygone at oatt-seid-tym laist In respect of the De-
fenders confession with 16sh. of expenses.
The which day the said Sir John Pringle sittand in judg-
ment lies decerned and ordayned Thomas Galbreath in Stit-
chill and Margaret Tliomsone his spouse to content and pay
to Thomas Henderson tailzeour in Stitchill tutor nominal to
the deceist Adam Henderson and Hellen Thomsone ther
children the soum of 14libs. Scots money as the agreed pryce Cow;^i4.
and worth of a cow bought and receaved be the said Margaret
Thomsone for herselfe and in name of her husband from the
said complainer Alexander Alexander in Stitchill in name of
138 THE MINUTES OF THE [1698
the said pupills at Candlemes bygone a year in respect of the
defenders confessione Reserving action for the interest of the
money and allowing the complainer to cite the said Thomas
Galbreaths wyfe the nixt Court day.
The which day John Hopper servant to Margrat Scott in
Stitchill and William Thomsone weiver ther is judicially
decerned to make payment to Thomas Henderson in iFairnie-
rigg the soums of money following ilk ane of them for ther
own pairts as is efter divydit viz., The said John Hopper the
7 bolls oats soum of 471ibs. 12sh. Scots money as the agryed pryce and
^^'^' ^^ worth of 7 bolls of oatts bought and receaved be the said
Yule. defender from the complainer at Yeull last. Item, 30sh.
money forsaid as the remainder of the pryce of a boll of oatts
bought and receaved be the said defender his deceast father ane
year since Item 50sh. money forsaid as the remainder of 5 bolls
of oatts bought and receaved be him fra the complainer a year
since. The said William Thomsone 51ib. 17sh. money forsaid
as the remainder of twa bolls of oatts bought and receaved be
him fra the complainer at Harvest bygain a year In respect the
said defenders being lawfully summoned ofttymes called and
not compeired was holden as confest Allowing to the defender
Thomsone action against Robert Hoggart for any pairt of the
said oatts that the said Robert Hoggart got conform to the
defense given in be said defenders wyfe.
The which day David Brown in Stitchill is judicially
decerned to make payment to George Aitchison merchant in
Stitchill 59sh. 6d. Scots money for certain merchandise goods
bought and receaved be the defender from the complainer two
years since.
Ale. As also is decerned to make payment to Margrat Wood
relict of the deceast William Mitchell in Neutoun 45sh. money
forsaid for aill furnished be the complainer thrie years since In
absence he being lawfully citted.
Act in favour of Act dischairging all Residenters within the Barronny of
theWaulker. g^itchill to furnish any other Waulker in the country with
master. And to reserve it for the Waulker in Stitchill
allenarly Upon condition always that the said waulker in
Stitchill shall give such qualificatiouns that ar usually given
by the waulkers.
1698] BARON COURT OF STITCHILL 189
Item, the saids residenters within the Barronny of Stitchill Thirled. £$
are dischairged to cary ther work to anyother Mylne but to
Stitchill Wakemiln to which they are heirby expressly thirled
during the tym of ther residence in Stitchill under the payne
of 5 pounds Scots for each failzie. Declairing always that if
any of the said persons have ground of complaint for insufficient
work either Litting or waking or for ther wakers detayning
ther cloath longer than the dew reasonable tym the waker shall
be obleidged to repair the complain er in all damnage that they
have therby suffered And lykewyse shall be fynned in the soum
of 51ib. Scots for each failzie the one halfe to be given to the
complainer besyd his reparatioun of damnage forsaid.
Lykewyse declairing that if it can be sufficiently instructed
by any of the saids persons that the waker refused ther work
at reasonable pryce which is heirby declared to be the ordinar
pryce of other workmen in the country they shall have liberty
to imply uther and cary the work to uther mylnes.
The walker is ordayned to go through the Paroich and cary
away the cloath and bring it back again.
The qlk day the following Acts and Statutes made by the Acts for reguiat-
Burlaemen of Stitchill for the better regulating the affairs of 1,7^^^°'^^^^^;'''
the Barronnie ar heirby ratifyed and approven be the said
Judge and Barron and ordayned to take effect and be put in
execution in all tyme comeing.
1st. That no Residenter within the Paroich of Stitchill als Trespass in
Weill thos that possess land or such as ar only cottars or sub- * ^ ayns^i.
cottars be sein within the Maynes ground or fourth aiker in
harvest tyme or leeding tyme before the Maynes herd goes out
in the morning with the catell to ther pasture Nor efter the
said herd returns at night from the pasture with the cattle
under certificatione the contraveiners of this Act shall be
fynned in one pound Scots and that rigorously exacted.
2nd. That whosoever lifts any of his neighbours comes Lifting corn,
within the ground of the Maynes or fourt aiker through mis-
take or other ways shall be lyable for the wholl loss in the
saids grounds to the Complainers they instructing ther loss by
oath or any other sufficient document by and attour the certi-
fication of the person that shall lift the com through mistake
shall restore thriefold or if they shall lift it by theft and can
140 THE MINUTES OF THE [1698
Stocks. be proven they shall restor thriefold and lye in the Stocks 24
hours.
Dyke-breaking 3rd. That the Dyck that is at the eist end of Thomas
Hoggarts yaird be built up by Thomas Hoggart at his own
expense (by reason his ground lies nierest the said dyck) and
if any shall be found to break down the dyke herafter he is
to pay 12sh. Scots. The one halfe is to be payed to the Corn-
plainer or any that shall suffer prejudice therby and the other
halfe to be disposed upon at the Burlaemens pleasure attested
by ther subscriptions sic subscribitur John Younger, John
Brunton, John Donaldsone.
Ita esse attestor ego Gulielmus Pringle Notarius Publicus
praedict. curiae clericus testam. his meis sigiw et subscriptione
manualibus.
(88) The Court of the Lands and Barronnie of Stitchill holden
I 99. ay 13. ^^ ^^^ Kirke therof be the Right Honourable Sir John Pringle
Barronnett upon the thretten day of May 1699 years.
Curia legittime qffirmata.
The which day the said Sir John Pringle sittand in judg-
ment hes decerned and ordayned and decerns and ordayns
John Robison maltman in Stitchill to content and pay to
John Younger miller at Stitchell mylne the soume of money
I full Meaii following for the causes efter specifyed To witt 31ib. 8sh.
^^' ^' Scots money as the aggryed pryce of ane full of meall bought
and receaved be the defender from the complainer in July last.
Item 32sh. money forsaid resting of the pryce of 5 capfulls of
I peck 36s. oatmeall at 36sh. the peck bought and receaved ane year since
ex confessione rei with 14sh. of expenses.
Debts. The which day Ritchard Taylor in Queenscairn is judicially
decerned to make payment to Alexander Hyslop wright in
Stitchill the soumes of money following for the causes efter
specified viz., the soume of 4<lib. lOsh. Scots money wherof
31ib. as the remainder of ane harvest fie wrought be the said
defender to the complainer 7 years since Item 30sh. therof as
the remainder of the pryce of halfe a boll of oatts bought and
receaved at the tyme forsaid by the defender from the Com-
plainer ex coTifessione rei.
Carrier. The which day Robert Giffane caryer in Stitchill is judici-
i699] BARON COURT OF STITCHILL 141
ally decerned to make payment to Mungo Archibald in Stit-
chill and Jean Wilson his spouse the soum of 15lib. 16sh. lOd.
Scots money restand of the pryce of certain oatmeall bought
and receaved be the said defender from the complainer at
Candlemes last at 30sh. the peck In respect the said defender
compeired personally and confest the same and alyk decemes
for 20sh. of expenses of pley.
The which day Robert GifFan caryer in Stitchell is judicially Harvest fee for
decerned to make payment to George Hammiltoun in the Hill ^^° ^^'
of the soume of 91ib. Scots, money as ane harvest fie wrought
be the said complainer and his spous to Patrick Millar in
Sueitup in harvest last and which soume the said complainer
accepted of the said defender as debiter who promised payment
and entered in payment therof. Ex confessione rei.
The which day William Cuthbertson weiver in Stitchill is claim,
j udicially decerned to make payment to Agnes Lee spouse to
Alexander Marshell in Home the 71ib. 5sh. Scots money as
the ballance of a compt betwixt them In respect of the
Persewar and the defender compeired personallie and the said
defender denyed the claime which the Persewar referred to his
oath at leist the said defender proposed ane exception of com-
pensation which exception the said defender for proving
therof referred the same to the persewars oath who deferred
the samyn to the defenders oath who being solemnly sworne
upon his oath acknowledged the soums lybelled but alledged
the samyn ought to be compensed with his werk having
wrought to the Persewar Therfor twa elle of cloath at ane sh.
Scots the ell and that ther is a capfull of Beare meall or 6sh.
for the pryce of bountith yet restand which alledgeances and
depositions of the defender being considered by the said Judge
And he being weill and regularly advysed therupon Decerned
and ordayned in manner forsaid The said defender being
therby payed of threscore twa ells of cloath weiving with 14sh.
of expenses of pley.
The which day Ritchard Gottrae in Stitchill is unlawed and Blood ;^5o.
amerciat in 501ib. Scots money for ane Blood committed be
him upon John Wilson in Stitchill in Aprylle last ordayning
the defender to pay to the said John Wilson pairtly ofTered
30sh. Scots money therof and decerns the said defender
142 THE MINUTES OF THE [1699
Gottrae to pay to the Procurator ffiscall of the said Court the
remaynder therof and assoilzied Wilson from the Lyble at the
ffiscalls instance against him In respect of his oath.
^Nov ir "^"^ ^^^^ ^°"^* holden at Stitchill Kirk be the Right
Honourable Sir John Pringle of Stitchill Knight Barronnett
Heretable Proprietor of the Lands and Barronny therof upon
the 11th day of November 1699 years.
Curia legittime affirmata.
The which day the haill Tennents and cottars compeired
all personally and took Instruments upon ther compeirance.
Hume. The which day James Haggart in Maynrigg is judicially
decerned to content and pay to Bessie Swanstone in Home
the soume of 40sh. Scots money which was adebted be Agnes
Sounnis servant to the said Defender and wherof the Defender
promised payment to the Complainer as having right ther to
and entered in payment therof In respect the said Defender
compeired personally and confest the same.
Debt. The qlk day Thomas Underwood wright in Stitchill is
judicially decerned to make payment to John Hutson merchant
in Kelso the soume of 31ib. 6sh. 8d. Scots money contained in
a Ticket granted be the said Defender to the Complainer
daited the 19 day of July 1698 years In respect ane day being
given to the Defender to give in his defences In respect he
was not personally citted with certification if he failzied to
prove in dew form against him and Extract Decreit which day
being elapsed and the Defender not giving in his Defences was
holden as confest and the Terme circumduced against him.
The which day William Thomson weiver in Stitchill is
judicially decerned to make payment to William Alexander the
soume of 33sh. 4d. Scots money as the ballance of ane Compt
dew be the Defender to the Complainer Ex confessione rei.
(90) Act ratifying the Act anent the Poor in the haill heads
1699. Dec. 2. ^^^^^^ ^^.^^^ ^^^ gg ^^^ Iggg December 2 1699.
Act anent the The which day the said Sir John Pringle of Stitchill Bar-
^^^^' ronnett sittand in judgment hes inacted and farther inacts
statutes and ordayns that no Residenter within the Barronnie
of Stitchill receave into the Coatthouses such persons either
I700] BARON COURT OF STITCHILL 143
single or by families who are incapable of subsisting by them-
selves or have subsisted by charity in other paroiches either in
wholl or in pairt Declairing that from the daitt of this present
Act any of the Residenters above mentioned who sett their
houses to such persons shall have the wholl burden upon them
mentayning the saids persons and that they shall be obleidged
to releave all ther neghbours within the said Barronny of all
burden and charge upon that accompt. Declairing neverthe-
less that this Act sail not be extendit to such persons to
whom houses have been sett when they were in a condition of
subsysting by themselves and have accordingly subsysted
without being a charge to others for sume considerable tyme
from the tyme of ther Entry but efterwards have fallen poor
through age or infirmity or unforeseen accidents who therfor
upon that accompt may justlie expect the compassion and
charity of ther neghbours as residenters within the Barronny
lykewyse commanding and requiring the said Residentei-s to
remove all persons from ther Coatt houses betwixt and the
10th day of this month who have been receaved since Lambes
last and who have no visible imployment and are knowen to
be accustomed in vaiging and begging up and down the
country And lykewyse requiring and commanding the said
residenters to remove from ther houses betwixt the daitt
of this Act and Whitsunday nixt all such persons who are not
in a condition to subsist without the help of the neghbours
who have not been thrie years residenters within the said
Barronny for the Term of Whitsunday last backward conform
to the Act of Parliament and Counsel! made theranent Com-
manding and requiring all residing within the said Barronny
to give exact obedience to the said Act and haill heads therof
under the payn and certificatione contained in the same Act
so often as they shall be found to contraveine the same.
Ita est Gulielmus Pringle Notarius Publicum ac praedkt.
Curiae Clericus testam. his meis signo et subscriptio?ie manualihii^.
The Court of the Lands and Barronny of Stitchill haldeii (9«),
at the Kirk therof be the Right Honourable Sir John Pringle '7«>. April
of Stitchill Barronnett upon the 20 day of Aprylle 1700 years.
Curia leffiUime qffirmata.
144
THE MINUTES OF THE
[1700
Claim for loss. The qlk day Adam Chairteris and Alexander Hyslope
indwellers in Stitchill are judicially decerned to make payment
to Andro Hoggart caryer ther the soume of 71ib. 3sh. and 8d.
Scots money wherein the said Persewer was damnified by the
defenders their being deficient in not making up ane certain
quantity of beare sold be the said Persewer to Andro Peirie in
Prestounpans at Mertimes last by the said Defenders order and
commission and not carying it in dew tyme In respect the
said defenders compeired and denyed the condition lybelled
which was referred be the said Persewer to ther oath of verity
simpliciter who deferred the samyn to the persewers oath And
the said Persewer compeiring personallie being solemnly sworne
upon his oath deponnid affirmative that the said defenders did
condition to him to make up ther proportion of the Beare
lybelled and to cary the same in dew tyme And lykewyse
deponnid that there being deficient and not carying it in dew
tyme the deponent was loser in 81ib. Scots which was detayned
be the said Andro Peiry to whom he sold the said Beare with
ane certain quantity of the said Persewers own beare off the
forend of the pryce therof And lykewyse deponnid that he
was adebted to the said merchant 7 pints of aill at 2sh. 4d.
the pynt and therfor by his said oath restricted his claime
to Tlibs. 3sh. 8d. money forsaid In respect wherof the Judge
decerned in manner forsaid.
The which day John Wilson in Stitchill is judicially
decerned to make payment to Henry Hammilton in Queenscairn
and Jennett Mill his spouse of the soume of 41ib. 15sh. Scots
money as ane harvest fie wrought be the said Jennett Mill to
the said Defender in Harvest last In respect the said defender
compeired personally and confest the same.
The which day Robert GifFan in Stitchill is judicially
decerned to make payment to John Sinclair in Haryheuch the
soum of 31ib. 14sh. Scots money as the aggryed pryce of halfe a
stack of peitts bought and receaved be the said defender from
the complainer at the latter end of October last In respect the
said defender being lawfullie summoned ofttymes called and
not compeiring was holden as confest.
The which day James Haggart in Maynrigg is judicially
decerned to make payment to Adam Richisone in Stitchill the
Harvest fee
£4' 15-
J stack peats
£3- 14-
Claim.
I700] BARON COURT OF STITCHILL 145
soum of lOlibs. Scots money for certain service done by the
Complainer to the said defender 3 years since or therby Ex
confessione rei.
Item Alexander Alexander in Stitchill the soum of 41ib. 2sh. Nag.
money forsaid as the remainder of the pryce of a naig bought
be tlie defender from the Complainer at St Bosuall Fair last.
Ex confessione rei.
Item Robert Taylor in Queenscairn the soume of 9sh. money raiding.
forsaid as the remaynder of certain falding 8 years since In
absence, etc.
The which day John Watson in Queenscairne is judicially '
decerned to make payment to Alexander Lowry ther the soum
of 34 pounds lOsh. Scots money for twa house maills and a Rents,
halfe for the space of 3 years at lllib. 2sh. yearly. The
persewer always delyvering to the defender 3 thrave of straw
which the persewer condescendit to give him. In respect the
samyn was verified be the defenders oath being referred therto
be the said persewer.
As lykewyse assoilzies the Persewer from all alledgeance
proponnid by the Defender that the Persewer ought to reim-
burse him of the halfe of the charges bestowed upon the barne
which alledgeance being referred be the said Defender to the
Persewers oath for probation and the said persewer being
solemnly sworn upon his great oath deponnid that the defender
took these houses of him with this expres condition that the
defender should be at the whoU coast and charges belonging
to these houses during his possession therof and that the
houses was sett by the defendant and taken by the Defender
in the expres conditions and terms befor mentioned In
respect wherof assoilzies the Persewer from the alledged
compensation and decerned against the defender in manner
forsaid.
The which day Michael Bingall and William Taylor In-Kiot^5.
dwellers in Stitchill are unlaid and amerciat as follows viz.
the said Michael Bingall in 51ib. Scots money for ane Ryot
committed be him upon the said William Taylor and tlirust-
ing him to the door and calling him Knaive and raskeil In
respect the said Michael acknowledged his calling Taylor
Knave and Raskeil and thrusting hi in to the door but denyed
146 THE MINUTES OF THE [1700
the beatting of him which was referred by the Procurator
ffiscall to his oath who refused to depon wherfor he was unlaid
50s. fine. as said is. The said William Taylor in 50sh. Scots in respect
of his acknowledgment that he did tair Bingalls hair and
returning him abusive language.
1700, April 20. Anent a Regulation for the Sowmes in the Maynes : —
That whereas it is allowed to the Possessors in the said
Maynes to put thereon a certain Stent of the sheip to the end
that the said stent may be nowayes prejudiciall to the said
ground and possessors therof And especially to the cow pasture
in the ground the following Regulations are hereby statuted
and ordayned to take effect from the Term of Whitsunday
1700 viz. — That no Tennent in the Mains put more sheip
upon his possession than what amounts to the halfe of his
Sowmes conform to the Stent and number of sheip for each
Soum that is aggryed to by the severall possessors therof Item
that wher any possessed but one Soum in the Mayns that Soum
shall absolutely be a Kow or Oxe and not a sheip and that the
possessor in that caice shall not bring sheip of his own nor
sheip pertayning to others Item that during the wholl Summer
ther shall be keiped different pastures for the sheip and Kowes
and Oxen If it be so resolved on by the plurality of the
possessors but in this they ar left to ther own convenience.
And for the better effecting of this, the herd is heirby dis-
chairged to feed his own Kowes apairt from the rest of the
cattle under the severest payns and all concerned ar ordayned
to observe this present Regulation in all its poynts Certifying
such as have more sheip upon the ground than falls to their
share in the forsaid terms the Overstent shall be forfeited the
one halfe to the informers and the other halfe to the use of
the poor within the paroch.
(92) Ane Court of the Lands and Barronnie of Stitchill holden at
the Kirk therof by the Right Honourable Sir John Pringle of
Stitchill Knight Barronnett Heretable Proprietor of the Lands
and Barronnie therof upon the 6th day of June 1702 years.
Curia legittime afflrmata.
The which day the said Sir John Pringle sittand in judg-
1702] BARON COURT OF STITCHILL 147
ment anent the Lybell persewed at the instance of the Pro-
curator ffiscall to the said Court against the whoU Tenents
and cottars within the Barronnie of Stitchill mentioning that
wher by the 13th Act of the 18th Parliament of our Sovereign
Lord King James the Sixth of blessed memorie holden at
Perth the 9th day of July jajvi^ and sex years Entituled Act
anent Laying of Lint in Burns and Lochs wherby our Sovereign Lint.
Lord and Estates of Parliament finding that the Laying of
Lint in Lochs and Burns is not only hurtfull to all fyshe bred
within the samyn and bestiall that drink therof But also the
haill waters of the said Lochs and Burns therby being infected
is maid verie unprofitable for the use of man and very noisome
to all the peoples lyving therabout Therfor statute and ordayned
that no person nor persons in Tym cumeing laying in Lochs
and Running Burnes any Grass Lint under the payn of 40sh.
Scots money toties quoties for ilk tym they shall contra veine
and confiscation of the Lint as in the said Act at more Lenth
is containd And also upon the whoU meill-makers within the Meaimakers.
said Barronnie of Stitchill for vending and selling of meall and
not weighing the same by weight contrair to the Act of Parlia-
ment daited 25 September 1696 and lykewyse upon the wholl
weivers within the said Barronnie for weaving of Linen cloath weavers,
vendible at the pryce of lOsh. Scots the ell or above under the
breadth of 1 ell 2 in. expressly contrair to the Act of Parlia-
ment And for keiping of unsufficient weights and measures as
also for making of Supernumerary manages and intertaining Marriage
mor persons therat than is allowed be the Act of Parliament P*'^^'"-
As also upon the Merchants within the said Barronnie for im-
porting of prohibit goods from England to Scotland and siclyke Smuggling,
for fishing, hunting, and gunning in forbidden tyme and trew Poaching,
it is and of veritie that the fornamid persons have contraveined
the said Acts of Parliament and that therfore they and ilk ane
of them ought and should be unlaid and amerciat conform to
the said Acts of Parliament in example of others not to committ
the lyke in all tym coming Which Lyble being called the said
Judge continued the same till the next Court day and ordayned
the wholl tenants and cottars to compear the nixt Court day
with certification And accordingly upon the 4th day of July
thereafter being the nixt Court day the wholl defenders com-
148
THE MINUTES OF THE
[1702
All guilty.
Penalty 40s.
Assoilzied.
peared in ane fencit Court and confest guilty of contra veining
the said Acts of Parliament made anent steiping of green
Lint in Lochs and Burns wherfor the Judge onlaid ilk ane of
them in 40sh. Scots money for ilk transgression. And holds the
meel-makers as confest and unlaes ilk of them and ilk ane of
the weavers in the termes and under the penalties contained in
all the saids Acts of Parliament And likewyse continews the
action against George Aitchison upon the penall Statutes
and particularly for importing of prohibit goods from England
till he be farder insisted against at the nixt Court In regard
of his absence tliis day upon his necessary affair who accord-
ingly upon the 21 day of November 1702 in ane uther lawful
fencit Court compeared and denyed the said Lyble wherfor the
said Judge assoilzied him therfra in respect of his oath who
deponnid negative.
(93)
T702, July 4.
Act impowering the Barron Bailie to use Summar poynding
and diligence for all debts not exceiding the soume of 30sh.
Scots upon the complaint of any party and the debtors
acknowledging the debt.
(94)
[703, May 29.
Debt.
Hume.
Claims.
Ploughing.
Ale.
Tlie Courts of the Lands and Barronnie of Stitchill halden
at the Kirk therof be the Riglit Honourable Sir John Pringle
of Stitchill Knight Barronnett upon 29 May 1703.
Curia legittime qffirmata.
The which day James Hogart in Stitchill is judicially
decerned to make payment to Robert Pringle merchand in
Home the soume of 41ib. 5sh. Scots money resting of ane
Compt for merchandise goods bought and receaved be the
Defender from the Complainer within these twa yeires or
therby ex confessione rei with 14sh. money forsaid of expenses
of pley.
The which day anent the claime persewed at the instance of
Agnes Lamb relict of the deceast Thomas Underwood wright
in Stitchill Mentioning that wher James Hogart ther is justlie
adebted to her the soume of 31ib. Scots money which was payd
by the complainer and her deceast husband to Thomas Simm
for pie wing of ther land which the Defender entered to in
March 1700 years Item 16sh. money forsaid for certain aill and
1703] BARON COURT OF STITCHILL 149
other particulars furnished be the complainer to the defender
3 years since or therby which being called and the said
defender compeared personally who confest the first article
but alledged compensation and lykewyse confest the second
article which the Judge taking to consideration finds the
defender lyable to pay what the Complainer expended upon
labouring the ground and lykewyse decerned for the 16sh.
ex cmifessione And referred some other Artickles of the said
Lyble to the Burlae Court to be discust ther conform to the Buriae Court.
use and practice of the Barronnie And ordayns the said Burlae
Court to hold this day eight days for that effect.
Ita est attestor ego Gulielmus Pringle Notarius Puhlicus
cler.
Ane Barron Head Court halden at Stitchill Kirk be the (95)
Right Honourable Sir John Pringle of Stitchill Knight Bar- '7°-'' -^'°^- '3-
ronnett Heretable Proprietor of the Lands and Barronny
therof upon the 13th November 1703.
Curia legittime afflrmata.
The whilk day the wholl tenants and cotars being called
compeired all personally and took Instruments upon their com-
pearance.
The which day John Currie in Stitchill is judicially decerned
to make payment to David Hogart ther the soum of 301ib.
19sh. Scots money as the pryce of ane mear bought and receaved ^^are-
be the said defender from the said complainer at Midsummer
last and partly of borrowed money at the Tym forsaid. Item
the soum of 81ib. Ish. 6d. money forsaid as the aggryed pryce of
17 ells of Linning cloath sold and delyvered be Elspeth Hog- Linen,
gart the complainers daughter to the Defender at Midsummer
last In respect the said defender being lawfully summoned to
have compeired this day and place as was sufficiently verified
be the officer at the barr oft tymes called and not compeiring
wherfor the Judge decerned in manner forsaid and for 3sh. of
expenses.
The which day anent the claim persewed at the instance of Debt
John Lamb Tennent in Maidcnhall against Thomas Galbreath
in Stitchill makand mention That wher in May last the said
complainer granted to the said defender to ane certan soum of
150 THE MINUTES OF TPIE [1703
money for which the Defender promised to pay to the com-
plainer 12lib. Scots money for granting the said assignation at
Lambmes therefter And albeit it be of veritie that the said
defender has ofttymes since syn promitted payment and . . .
As the Lyble bears which being called and the said Persewer
and defender both compeirand personallie The defender
alledged not lyable in the soume lybelled unless he receaved
the soume assigned from the debitor which was referred be the
persewer to his oath who deponnid positive and lykewyse
depones that the persewer promised never to demand the 20sh.
lybelled and likewyse depones that he never receaved any
money containd in the assignation either in haill or in part
And this is the truth as he shall answer to God which the
Judge takeing to his consideration ordayns the defender to
use diligence upon the assignation against the Debiter betwixt
and Lambes nixt and for that effect to procure ane rovin
instruction otherways is decerned for the other 20sh. And
that the persewer shall have acces to the defenders goods by
poynding without any further decreit.
Ita est attestor ego Gulielmus Pringle Notarius Puhlkus
ac praedict. curiae clericus.
. g. Ane uther Barron Court halden at Stitchill Kirk be Sir
1704, June 3. John Pringle of Stitchill Knight and Barronnett Heretable
Proprietor of the Lands and Barronnie therof upon the 3rd
day of June 1704 years.
Curia legittime afflrmata.
The which day anent the Lyble persewed at the instance of
the Procurator ffiscall against Thomas Galbreath and John
Scandal ffairbairne Tennents in Stitchill Mentioning that wher at
Bouriae Court. Whitsunday last in ane publict Bourlae Court the saids
Defenders scandalized each of them others in ther good names
by calling others Knaves to the Loss of ther credits and par-
ticularly the said Thomas Galbreath affirmed that he wold
prove the said John ffairbairne ane knave in face of the said
Bourlae Court the whoU neghbourhood being con veined for
the tyme and therefor craves that they and ilk ane of them
shall be unlaid and amerciat for the said scandells in example
of others to committ the lyke And lykewyse that your Lord-
1704] BARON COURT OF STITCHILL 151
ship will be pleisit to inact statute and ordayne that in all
Tyme coming whoever of the Tennents and others within the
Barronny of Stitchill shall offer abusive language to others
that your Lordships officer may be allowed to poynd the
Transgressors immediately therefter for such penalties as your
Lordship shall think fitt.
Which being called and the said defender compeiring
personally and denyed the Lyble which the ffiscall offered to
prove Another nixt Court day being assigned for proveing
therof several famous witnesses being led and adduced for
that effect The said Judge and Barron found the said Lyble
sufficiently proven against the said Defender Galbreath and Fine/3.
therfore amerciats him in Slibs. Scots money In respect of the
Depositions of several 1 famous witnesses and finds the Lyble
not proven against ffairbairn and therfor assoilzies him therfra.
Act impowerinff the Bourlae men to punish all disorders that Act anent con-
. T 1 >->. .111 1 tempt of Court.
shall be committed at ther Court either be the members
therof or others according to the circumstances of the cryme
and persons (declairing always that this shall not extend to
blood) either by fynning or by corporall punishment as they Corporal
shall think fitt and ordayns present execution to pas upon ^""'^ "^^"^
their Sentence.
The which day Andro alias David Hoggart in Stitchill Carrier.
Andro Hoggart caryer ther and Thomas Hoggart ther ar
judicially decerned to content and pay to James Wilson
servitor to Alexander Lowrie tennent in Queenscairne the
soume of 51ib. Scots money adebted be James Hogart late in
Stitchill to the complainer and which was arreisted in ther
hands as ane debt dew by them to the said James Hoggart
wherof the Defender promist payment to the complainer In
respect the said defender David Hoggart compeired and confest
the promise wherfor the Judge decerned in manner forsaid.
The which day Thomas Galbreath in Stitchill is decerned Chest ^^3.
to pay to Adam Hoggart wright ther the soum of 31ib. Scots
money as the pryce of ane Chist bought and receavcd be John
Henderson in Stitchill from the Complainer at Pasch last wherof
the said Defender promist payment In respect the Defender com-
peired personallic and confest the said promise of payment.
Gulielmus Pringle Notarius Puhlicus cler.
152
THE MINUTES OF THE
[1704
(97)
1704, Nov. 18.
Thatch and
Divots for the
Mill.
House-rent.
Weaver-work
32s.
Ane Head Barron Court hold en at Stitchill Kirk be the
Right Honourable Sir John Pringle of Stitchill Knight
Barronnett upon the eighteenth day of November 1704.
Curia legittime affirmata.
The which day anent the Action and Cause intended and
persewed at the instance of John Younger tacksman of the
Corne milne of Stitchill against the whoU Tennants within
the said Barronnie of Stitchill making mention that wher the
Tennents was in use formerly to repair and maintain the
corne milne of Stitchill in thatch and divott both in the com-
plainers and his predecessors tym Wherfor the complainer
humbly craved that your Lordship will ordayne the said
Tennents to furnish thatch and divotts for repairing the said
milne in Tyme cumeing As your Lordship assigns as do the
said Lyble or petition bears. Which being called and John
Donaldsone one of the Tennents in Stitchill compeired for
himself and in name of the rest of the Tennants and denyed
the claime Wherfore the said Judge Barron continued the
said Action till the nixt Court day and in the meantym for
the present use and exigencies of the mill ordaynes the miller
to lead himself the one halfe of the thatch as also to cast and
lead the one halfe of the said divotts and ordayns the Tennents
to lead and cast the other halfe that the said aifair may be
considered and a fixt rule made for it in all tym comeing And
ordaynes for that end the miller to meitt on Saturday nixt
with Alexander Lowrie John Donaldsone John Brunton
Robert Giffan and any others of the Tennants in Stitchill
they think fitt to require to make Tryall if they can fall upon
any expedient for fixing a rule and method for furnishing the
milne with Thatch and divot in all Tym comeing.
The which day Adam Hoggart caryer in Stitchill is judici-
ally decerned to pay to Alexander Wilson Tennent ther the
soume of fyfty four shillings Scots money as the reniaynder of
ane house-maill possesst be the Defender pertayning to Janet
Lamb spouse to the Complainer four years since and continued
the rest of the soum acclaimed till the nixt Court day that
Janet Lamb compeir. Eoc confessimie.
The which day Margrat Galbreath in Stitchill spouse to
John Currie ther is judicially decerned and the said John for
1705] BARON COURT OF STITCHILL 153
his interest to make payment to Johti Mather weaver in
Kelso the soume of 32sh. Scots money for certain weaver work
wrought be the Complainer to the Defender 2 years since In
respect of the said perse wers oath theranent.
The which day Robert ffairbairn sone to John ffairbairn Disobeying
.V ... - - IT. Baron- Bailie
tennent in StitchiU is judicially decerned to pay to the Pro- ^,^5.
curator ffiscall the soume of 5lib. Scots money as ane fyne
imposed upon him for disobeying the Baron Bailies order in
refuseing to goe to the Barronny of the Hirsell with some Hirseii.
other of the Tennants anent some urgent affair of your Lord-
ship when he was required therto Wherfore the Judge onlaid
and amerciat in manner forsaid.
Act ordayning the Tennants and coatters to be carefull of Young Trees,
the young tries that ar planted in their yairds and declairing
that every Tennant and coatter shall be lyable in 12sh.
Scots for each trie that shall be broken and eatten with
beasts.
Curia Ugittime afflrmata.
The which day Andro alias David Hogart elder in StitchiU (98)
Andro Hogart caryer ther Thomas Hogart Calseyend are Debt,
judicially decerned to pay to John Brunton smith ther the
soume of 51ib. Scots money which is adebted be James
Hogart sometyme in StitchiU to the Complainer wherof
they promist payment ilk ane for ther own pairts. Ex
confesfsione rei.
The which day Andro Watson and Andro Hogart Tennants
in StitchiU ar judicially decerned to pay to James Dickson
Tennant at Park End the soums of money following for the
causes efter specified vizt, — The said Andro Watsone the soum Nagj^aa
of 30Hb. Scots money as the aggryed pryce of ane naig bought
and receaved be him from the complainer ane year since The
said Andro Hogart 16Iib. lOsh. money forsaid as the rest of 6
bolls oats bought and receaved be him from the complainer and
Robert Giftan in Sweithope equally betwixt them twa yeirs since
In respect the Defender Watson compeired personaUie and
confest the same and the Defender Hogart being lawfully
summoned ofttymes called and not compeiring was holden as
confest.
154
THE MINUTES OF THE
[1705
Smailholm.
2 Bolls Reare
(99) Ane Head Court holden at Stitchill Kirk be the Right
1705, ov. 10. jjQ^^Qyj,3^l3jg gjj, John Pringle of Stitchill Knight Barronnett
Heretable Proprietor of the Lands and Barronnie therof upon
the 10 day of November 1705.
Curia legittime qffirmata.
The which day Adam Hogart in Stitchill is judicially
decerned to pay to Thomas Lawrie in Smailholme Spitle the
soume of 3lib. I9sh. Scots money restand of a greater soum
dew be him to the Complainer conform to his Bond Ex confes-
sione rei with 12sh. of expenses of pley.
The which day Margrat Thomson relict of the deceast
Thomas Galbreath in Stitchill is judicially decerned to pay to
John Smith smith ther She as executor or at least intro-
missatrix with her deceast husbands goods and geare the
soume of ISlibs. Scots money as the pryce of two bolls Beare
bought and receaved be the said defunct from the Complainer
three years since in respect the said defender being lawfully
summoned ofttymes called and not compeiring was holden as
confest.
The which day John Curry in Stitchill is decerned to pay to
Robert Pringle merchant in Home the soume of 31ib. 18sh.
Scots money conform to any produce receaved. In respect the
said defender compeared personally and confest the same with
12sh. money forsaid for expenses of pley.
The which day Ritchard Taylor in Queenscairn is judicially
decerned to pay to John Younger Tennent at Stitchill Milne
the soume of 20 merks Scots money as the aggryed pryce of
ane naig bought and receaved be the said Defender from the
Complainer within these six years or therby In respect the
said defender being lawfully summoned ofttymes called and not
compeiring was holden as confest.
The which day James Marjoribanks wright in Stitchill is
judicially decerned to pay to George Gib in Home the soum
Mare;^i2. los. of 12lib. lOsh. Scots money as the cost of ane mear bought
and receaved be the said defender from the complainer ane
year since In respect the said defender compeared personally
and confest the same with 24sh. of expenses.
The which day the said James Marjoribanks is judicially
decerned to pay to John Meilke in Mellerstayn the soum of
Hume.
Nag 20 merks.
Hume.
Millerstain.
i7o6] BARON COURT OF STITCHILL 155
Glib, Scots money as the pryce of half ane boll of oatmeal 1 i Boll Meal ;^6.
bought and receaved be the said defender from the said com-
plainer on Whitsunday last (the term of payment being first
come and bygone being Mertimes 1705) Ex confessione rei.
Gidielmus Pringle Notarius Puhlicus cler.
The which day John Curry in Stitchill is judicially absolved i load of meal
from the Lyble persued at the instance of Margrat Black in ^^'
Stitchill against him wherby she acclaimed from the Defender
271ib. Scots money as the pryce of ane load of meall which
belonged to her and to Patrick Millar her deceast husband
with which the defender being then the complainers servant
was entrusted to sell at Edinburgh and to be comptable to the
complainer and her said deceast husband 6 years since or
therby And trew it is that without any order from the com-
plainer or her husband the Defender trusted the said meall
and has never compted nor payed the same, and therfor ought
to be decerned to make payment therof as the Lyble bears.
Which being called and the said defender compeared and
denyed which was referred be the said persewer to her oath of
verity simpliciter who being solemnly sworn upon his great
oath deponnid negative to the haill points of the Lyble and
that he had compted for the meall lybelled and that he was
owing nothing to the complainer nor her deceast husband and
this is the truth as he shall answer to God sic suhscrihitur John
Currie In respect therof the said Judge assoilzied in manner
forsaid.
The whilk day the whoU Tennents and Cottars in Stitchill Decreit against
are judicially decerned for the annual rents of rents due by ^*"*"*^'
them after the term of Mertimes this present year 1705.
Allowing the possessors of fourth parts in the Maynes to Act anent the
put on sheip upon their grass in place of a cow according to ^^*y"^-
the Common Stent if they think fit.
Ane other Barron Court holden at Stitchill Kirk be Sir John (too)
Pringle of Stitchill Knight Baronet Heretable Proprietor of *^
the Lands and Baronny of Stitchill upon tlie 16 day of
November 1706.
Curia legittime affirmata.
The which day Adam Chairtris in Stitchill and Andro oebtt.
156
THE MINUTES OF THE
[1706
Sweethope.
Hogart caryer ther are judicially decerned to pay to Andro
alias David Hogart younger either the soums of money under-
written for the causes efter specified ilk ane of them for their
own pairts as is efter divydit To witt the said Adam Charteris
the soum of 51ib. 6sh. 8d. Scots money as the remainder of the
pryce of ane bargain of oats which was instructed by the
defender to be sold at Dalkeith and which was disposed upon
by him at Lambmes bygone a year. In respect it was alledged
by the persewer that the Defender Chairteris undertook for
his payment of the said proportion for probation referred the
same to the defenders oath which he deferred to the persewers
oath who being solemnly sworn upon oath deponed that the
Defender Charteris expresly promist payment of the soum
lybelled Wherfor the Judge decerned in manner forsaid with-
out allowance of any expenses except what was expressly paid
out at selling the oats Item the said Andro Hogart the soume
of 59sh. 4d. Scots money borrowed and receaved be the
defender Hogart 4 years since ex confessione rei And was
assoilzied from the remaynder of the soum lybelled In respect
of the persewers refusal to give her oath upon ane exception
of payment proponned be the defender.
The which day John Brown Tenant in Stitchill is judicially
decerned to make payment to Andro Johnstone servitor to
John ffairbairn in Rowes the soum of 161ib. Scots money as
the agryed pryce of certain beare and oats which grew at
Sweithope sold and delivered be the persewer to the defender
cropt 1705 which should bein payed the first of May last In
respect the said defender being lawfully summoned oft tymes
called and not compearing was halden as confest.
The which day John ffairbairn Tennent in Stitchill is
judicially decerned to pay to William Dickson ther the soum
of 34sh. and a farthing Scots money as the ballance of ane
Accompt dew be the persewer with 6d. of expenses.
Oidielmus Pringle Notarius Publicus cler.
(lOl)
1707, January
II.
Ane other Court holden at Stitchill Kirk be the Right
Honourable Sir John Pringle of Stitchill Knight Barronnett
upon the 11th day of January 1707 years.
Curia legittime affirmata.
1707] BARON COURT OF STITCHILL 157
The which day anent the Lyble persewed at the instance
of Alexander Scott servitor to John Lawrie in Stitchill with
concurrence of Procurator ffiscall against Walter Scott in
Stitchill Making mentione that when about 20 days since or
therby the said defender in ane furious manner scandelized the Scandal ^.^lo.
said Janet Puntem in her good name and reputation by
threatening the complainer and calling her banisht bitch and
desyred to her to come out that he might draw blood of her
about the eyes wherby he has comitted ane manifest scandall
and ryot and therfor the said defender ought and should not
only be unlaid and amerciat conform to the Acts of Parlia-
ment but also punyshed in his body to the terror of others to
commit the lyke in tym comeing And also to make satisfaction
as accords As the Lyble more fully bears Which being called
the said defender compeared personally and denyed, which the
persewer referred to his oath, who refused to purge himself by
oath and therfor amerciats him in ten pounds Scots money
Decerning to Janet Puntan the party wronged Thrie pound
therof for which she is allowed to poynd his goods and doe
any other diligence wherein she has a mynd. Also requires
Alexander Lowrie to give all concurrence and assistance to
the party wrongid in case she have a mind to persew the said
scandall before the Kirk Session or any other competent Kirk Srssion.
judicatory for reparation of her good name.
The which day Alexander Scott in Stitchill is amerciat in seizure of pot.
51ib. Scots money for ane spuilzie committed be him in offering spuiizie A.
to take ane pott out of the said Alexander Scott his brothers
house forcibly. Ex corife6'sio7te ret.
The which day John Brunton smith in Stitchill and Adam
Charteris ther ar ilk ane of them amerciat in 51ib. Scots for Rioisj^s.
ryots committed ilk ane of them upon others in tynie of
Teynding and stopping therof. Teinding.
The which day Andro Watson in Stitchill is judicially Debt,
decerned to pay to John Younger miller at Stitchill niilne the
soum of 51ib. 4sh. 6d. Scots money resting of a greater scum
conform to ane fitted accompt this day betwixt the Persewer
and defender In respect of the defenders own confession witli
lOsh. money forsaid of expenses.
Act discharging all possessors of ground in the Mayiie
158
THE MINUTES OF THE
[1707
Green pease in fourth aikers or any other ground within the Barronny of
penaity^2^io. Stitchill not exceiding ane quarter of ane husband-land to
putt green peise in all tyme comeing under the pain of lOlib.
Bouriae Court, halfe therof to be given to the Informer. The foresaid Act
is referred to a Bouriae Court that it may be considered by
the possessors themselves how far it may be convenient or
inconvenient for them, and ordains a Bouriae Court to be
halden for this purpose the first Saturday of May nixt.
The which day the whoU Tennants and possessors within
the Barronnie of Stitchill ar judicially decerned for ther rents
resting unpayed at Mertimes last and annual rents of the same
from the said term so long as they are unpayed.
Rents and
interest.
(102) The which day David Hogart in Stitchill is decerned to
s^Eu's Sacking pay to John Paterson weaver ther lOsh. 8d. Scots money for
los. 8d. g ^jjg ^£ sacking-cloth wrought be the complainer to the de-
fender 2 years since at Candlemes last.
The which day anent the claim persewed by James Service
Alexander Hislop, James Turnbull, and Adam Hogart Ten-
nents in Stitchill against John Richison dyker ther Men-
tioning that wher in March last the saids complainers for
themselves and in name of the rest of the nighborhead im-
Foids. ployed the defender to build four folds which the defender
undertook to mount in of the said faulds for serving their
sheep immediately efter the said conditione which he has not
yet performid and therefor he ought and should be decerned
to make payment to the complainers the soum of . . . for
Bouriae Court, coast, skaith and damnage. Which the said Barron and Judge
taking to consideration referred the matter to the decision
of the Bouriae Court.
(103)
1707, Nov. 8.
Headstones.
The which day Anent ane petition given in by John
Dickson taylor in Kelso and Agnes Hamilton his spous, shewing
that whereas George Hamilton in Smailholm Spitle having at
his own hands about 5 years since or therby causid lift twa
heids which belongid the petitioner Agnes Hamilton her
deceist father and brother and hes disposed upon the same
And therefor the Petitioners humbly cravid that the said
Barron and Judge will be pleasid to appoint such persons as
i7o8] BARON COURT OF STITCHILL 159
his lordship should think fitt to take tryall of the same and
report.
Gulielmus Pringle Notarius Puhlicus cler.
And that the said twa Heid stanes may be restored back to
the petitioners and set up in the places they were formerly takin
from And your lordships authority etc. Which petition the
Judge taking to consideration ordayns Alexander Lowry with
assistance of Adam Hogart wright, John Underwood beddell,
George Hamilton Tennant John Donaldson and Richard
Givan to take under ther consideration the contents of the
said petitione and to make report of the same instantly as
betwixt and this day eight days Who having instantly viewed
the ground reports that according to ther best knowledge and
judgment the headston that was sett at George Hamilton
wright his grave doth still remain ther, And lykewyse that it
is not consistant with ther knowledge that the said George
Hamilton his sone had a headston at his grave nor that the
within-designed George Hamilton had removed any head-
stones during his residence at Stitchill or since. And ordayns
extracts heirof to be given to the parties if they think fitt
The forsaid report sic suhscrihitur Alexander Lowrie John
Donaldson, Robert Givan, Adam Hogart, George Hamilton,
John Underwood.
Ane Barronny Court holden at Stitchill Kirk Be the Right (»o4)
1708 iRnu&i~v ■^i.
Honourable Sir John Pringle of Stitchill Knight Barronnett
Heretable Proprietor of the Lands and Barronnie therof upon
the forsaid 31st January 1708.
Curia legittime affirmata.
The which day Anent the I^yble persewed at the instance Burial in Liuen
of John Underwood Procurator ffiscall of this said Court ^°'"^''''**'"-
against John Brunton smith in Stitchill James Sheill ther,
Peter Grigor ther, John Anderson ther, James Dods ther,
John Smith ther, John Brown ther, James Steinson in Hume
Byres Mentioning that wher be Act of Parliament of date the
25th day of March 1707 years All the leidges and subjects
within this Kingdom ar expressly prohibit and dischairged
to wind ther deid in Linnen cloth and trew it is that tlie
fornamid persons and ilk ane of them have contraveined the
160
THE MINUTES OF THE
[1708
To be Buried in said Act of Parliament in not burvinff their deid in woollen^
Woollen
viz., — The said John Brunton for his mother-in-law, James
Steill for his child, Peter Grigor for his child, John Anderson
for his sone, James Dods for his child, John Smyth for his
wyfe Agnes Dicksone, John Brown for his wyfe Margaret
Cockburn, James Steinson for his child. And therfor they ought
and should be decerned ilk ane of them in the soum of 200
Penalty ^200. pounds Scots money and the halfe therof to be applyed to the
use of the poor conform to the Acts of Parliament thereanent
as the Lyble bears. Which being called and the defenders
being lawfully summoned oft tymes called and not compeiring
was holden as confest except the said defender John Brunton
being necessarily absent and in regard it was credibly attested
by severall persons that his mother in law died before the
dates of the Act and lykewyse attested be the Defenders own
wyfe Wherfor the Judge and Barron assoilzied the said
defender Brunton in manner forsaid and decerns against the
rest of the absents And the rest in the Lyble compearing in
the said soume of SOOlibs. money forsaid and ordaines the
halfe therof to be applied to the use of the poor conform
to the Acts of Parliament theranent. In respect the saids
persons compearing confest they had contraveined the said
Act of Parliament anent burying in woollen.
The which day anent ane Complaint given in be Robert
War servant to the said Sir John Pringle against Adam
Charteris and Alexander Hyslop Tennants in Stitchill shewing
that wher the fornamid persons contrair to neighbourhead and
practices of the Barronnie put their lands out of the ordinary
breaks and therfor they ought and should be decerned to
make payment to the said persewer as fFactor forsaid to the
said Sir John Pringle of the soum of ... as cost, skaith and
damnage as the said Complaint bears Which being called and
the said Judge and Barron finding that the defender Hysloppe
by his own confession has prejudged the ground he possest in
Lands out of
rotation.
^ This Act of Parliament was passed with the object of encouraging the
woollen trade in the kingdom. And ministers of religion were enjoined to see
it carried into practice ; hence the rural Scots custom of having the clergyman
present when a body was chested or placed within the coffin.
i;o8] BARON COURT OF STITCHILL 161
plowing up Lie ground which liad only lyne for one yeare
And therfor decerns against him in Ten pounds Scots for
making up of the loss and damnage yearly And ordayns such
effects as the said Adam Charteris hes within the Barronnie yet
remayning to be socneid and arreisted till he satisfye for the Socneid.
damnage done be him in manner forsaid.
The which day Agnes Lamb in Stitchill is decerned to pay Land-tilling.
to James Turnbull tennent there the soume of 30sh. Scots
money in compleat payment of 30sh. money forsaid acclaimed
be the persewer fra the said defender as the remayn of the
pryce of certain land-tilling within these 3 years or therby In
respect the persewer refused to give his oath upon the verity
of the Lyble efter the same was deferred therto.
The which day the said Judge and Barron sitting in judg- Unpaid Rents,
ment decerns against the haill tenants and cottars who have
not yet payed in their rents dew at Mertimes 1707 or who
shall not pay them betwixt and the third of the nixt moneth
for the saids rents and the current interest therof from the
said term of Mertimes so long as they remayn unpayed.
Gulielmus Pringle Notarius Publicics cler.
Curia legittime affirmata.
Tiie which day Alison Hogart in Stitchill is inlaid in one (105)
shillintj sterling for breaking of a Firr tree branch at her own ^^°^' ^^^^ ^'
Kir Rranrh t*
hands without liberty given to her for that effect.
As also the said day the said Sir John Pringle sittand in Rents and
judgment decernes against the Tennants within the Barronny '"^^'■^-^•
of Stitchill as shall failzie in payment of ther rents at Whit-
sunday nixt for the annualrents therof from the said term of
})ayment.
The which day Thomas Watson in Stitchill is decerned to Eaten Oats
pay to Robert Gottrae ther the quantity of seven halfe fulles *"^ ^^"^^
of oats and one peck with halfe peck of beare eatten and
destroyed be the Defenders Bestiall in harvest last conform to
note of apprysing submitted be Alexander Lawrie John
Donaldson and Alexander Wilsone ordinar comprisers within
the Barronnie produced in process as the pryce therof of the i Roll Oats
said oats at 41ib. lOsh. the Boll and the l)eare at the rate of ^"^ '****
51 ib. lOsh. the Boll at the option of the Defender either to
L
162 THE MINUTES OF THE [1708
pay that value or corn in specie conform to the said quantity
lybelled and that within 8 days otherways to be lyable for the
value in money.
Curia leg'dtime affirmata.
(106) Which day compeared the wholl tenants of the said
i7o3 Nov. 20.
Barronnie being lawfully warned and called to that effect.
Two horses to The said day llobert Weir in Stitchill is decerned to pay to
4sh. ster. George Hamilton in the Hill ther the soums of money follow-
ing for the causes after specified viz. — The soume of 4sh.
sterling as the pryce of Two horse cariages to Dalkeith or
any other part round within that distance or to lend the
persewar twa horse to Dalkeith or to any other part round
within that distance and that within 21 hours advertisement
with this certificatione that if the complainer doe not require
the saids horses betwixt and the term of Whitsunday nixt as
otherways shall have no farther claim to them and lykewyse
the soum of 20sh. Scots money for two horse cariages to him
to Hundalee in the same maner in Summer last both as to the
tyme of performance with 9sh. money forsaid for muck leid-
ing with 16d. for twa leids of oats carying to the niylne Item
ane grot for 2 reists Ex confessione rei.
(107) The Court of the Lands and Barronnie of Stitchill halden
1709, April 23. ^^t- ^i^g j^ij,|^ ^l^gj.Qf l3g ^he Right Honourable Sir John Pringle
of Stitchill Knight Barronnett Heretable Proprietor of the
Lands and Barronnie therof upon the forsaid day moneth and
year above written.
Cii?'ia legittime affirmata.
Lint in lochs The which day the said Sir John Pringle sittand in judg-
etc. 40S. ment anent the complaint given in be John Underwood Pro-
curator ffiscall against the Tennants and Cottars within the
Barronny of Stitchill for transgressing the Acts of Parliament
made against steiping of green Lints in Loches or burns to
the prejudice of the fishes therin and bestiall that drinks of the
waters therof The said Judge fyned the Tennants and Cottars
Contumacy compearing ilk ane of them in 40sh. Scots money in respect of
■^^°* ther confessions and ilk ane of the absents in lOlibs. money
forsaid for contumacy In respect they were lawfully cited to have
17 10] BARON COURT OF STITCHILL 163
compeired that day and place ofttymes called and not compeir-
ing wherfor the Judge unlaid in manner forsaid and ordayns the
absents to be cited to the nixt Court day with certification.
Curia legittime affirmata.
The whilk day being ane Head Court the wholl tennants and (los)
cottars compeiring being lawfully warned for that effect and *709. ^'ov. s.
took Instruments of their compearance and were unlaid for
transgressing the forsai^ Act of Parliament conform to the
Termes therof.
Act ordaining all within the Barronnie of Stitchill to make payment of
punctuall payment to the Schoolmaster of the quarters fees ^*^^°*'^'"^^^^'"-
at ther Entrees Declaring that efter any has begun a quarter
and removes ther children from the school befor the said
quarters be finished they shall have no allowance of what shall
be wanting of the said quarter nor shall be allowed to count
the same upon the beginning of ane other quarter Nor shall be
allowed any single days that are intermitted in a quarter
Excepting from this Act the cause of sickness only for which
allowance may be claimed.
Curia legittime affirmata.
The which day Agnes Lamb relict of the deceast Thomas (X09)
Underwood wright in Stitchill and Robert Weir tennant in '^^°' ' *^
Park End ar judicially decerned to pay to Robert Pringle
merchand in Home the soumes of money following ilk ane of Debts,
them for ther own pairts as is efter divyded viz. — The said
Agnes Lamb the soum of 31ib. 7sh. Scots money as the re-
mainder of certain Lint bought and receaved be her fra tlie
complaincr 5 years since; The said Robert Weir 51ib. 9sh.
money forsaid for certain iron bought and receaved be him fra
the complainer a year since In respect the said defender I^mb
and Robert Weir his wyfe compeared both personally and
confest the forsaid soums to be justly resting wherfor the
Judge decerned in manner forsaid.
Tlic which day Peter McGregor in Stitchill is decerned toWaulkmill.
pay to John Watson at Stitchill walk niylne the soumes of
money following for the causes specified, viz. — The soum of Milling And
28sh. Scots money for milling and dressing of 14 ells of gray ^Tpcrcir*'
164 THE MLNUTES OF THE [1710
at 2sh. per ell Item 17d. for cloath milled and prest at the
29th June last extending to 21ib. 5sh. money forsaid.
Nag. The which day the said Peter McGregor is decerned to pay
to John Currie in Stitchill the soume of 91ib. lOsh. Scots
money resting of the pryce of ane naig bought and receaved
be the defender fra the complainer at Mertimes last as the
pryce of a cappfull of meall bought and receaved at the tym.
forsaid In respect the persewers oath being deferred therto by
the defender.
4 fulls horse The which day the said Peter McGregor is decerned to pay
corn 45s. ^^ James Manderstone in Harlae the soume of fourty fyve
shillings Scots money as the pryce of four fulls horse corn
bought and receaved at Chalamas^ last. Ex confessione rei
with ten shillings of expenses.
The which day Issabell Pringle in Stitchill spouse to James,
Wilson in Kelso is decerned to pay to Robert Wood taylor in
Stitchill the soum of 91ib. Scots money resting of the soum of
161ib. money forsaid promitted be him in name of prentice
fee with her son James Wilson In respect the defender being
lawfully summoned ofttymes called and not compearing was
holden as confest.
Cow;^24. II. 6. The which day Thomas Donaldson in Stitchill is decerned
to pay to Alexander Hislop tennent ther the soum of 241ib.
llsh. 6d. Scots money as the pryce of ane Cow bought and
receaved be the defender fra the complainer ane moneth
since In respect of the persewers oath.
Teinding The which day the said Judge and Barron sitting in judg-
and ssfstg! ment statutes and ordayns in all tyme comeing the small
possessors in the toun of Stitchill attend the Teynding upon
the first wairning and upon ther negligence and faillzency
herein impowers the officer within the Barronnie to poynd
summarily and immediately to the value of Ish. sterling and
this for delaying to come out but if they be absent the wholl
tym to the value of 5sh. sterling and this to proceed upon
summer poynding.
Expiry of Act Declairing that when any of the small possessors in the
enancy. Maynes and acres of Stitchill give over ther possessions at the
Candlemas. February 2.
17 1 2] BARON COURT OF STITCHILL 165
term of Mertimes as is customary with severalls They shall be
obleidged to refound the value of the gras they possessed the
year before without any deduction or allowance for herds fee
or other expenses and lykewyse declairs that any of the saids
possessors giving over in manner above exprest shall have no
right to the fail of that years cropt nor any fuill mad about
ther house but shall leave it to the next possessor of the
ground without any payment on that accompt or con-
sideration therfor.
The forsaid day William Watson George Aitchison James Bouriaemen.
TurnbuU David Hoffart Alexander Hamilton and John
Watson were admitted Bouriaemen who gave ther oath de fideli
admimstratione.
The which day Robert Halidav in Stitchill is decerned to ("o')
•^ I7II ^OV IQ.
pay to Alexander Hislop ther the soum of 141ib. Scots as the -s^'r-i.,
pryce of ane Naig bought and receaved be the Defender fra
the Complainer at Kelso Fair last In respect the said defender
being lawfully summoned oft tymes called and not compearing
was holden as confest.
The which day James Turnbull in Stitchill is assoilzied Riot assoilzied,
from ane Ryot and Blood alledged comitted be him upon
Thomas Pearson ther In respect of the defenders oath being
referred therto by the persewer.
The which day anent the claim persewed at the instance of Arbitration.
Alexander Hislops against Andro Watsone and Thomas Hog-
gart being referred to James Dicksone and John Younger They
ordained the said Andro Watsone and Thomas Hoggart con-
form to ther several! propositions to pay to the said Alexander
Hislop 71ib. lOsh. Scots money which is ordained. This Sentence
to be extracted with expenses conforme.
GuUelrnus Pringie Notarius Pttblicus cler.
Curia legittime affimata.
The which day Andro Hogart caryer in Stitchill is jiidi- (>«o«)
ciallie decerned to pay to Adam Hogart caryer ther the soums
of money following for the causes cfter specified viz., — 42sh. Debts.
Scots money borrowed ane year since Item 20sh. money forsaid
as ane Cariadge of meal to Edinburgh the tym forsaid Item
166
THE MINUTES OF THE
[1712
Relief of Cau-
tionry.
Hume.
31ib. 15sh. money forsaid uplifted be the defender in name of
the Complainer from ane person in Edinburgh for which he
made no Compt to the Complainer extending to six pounds
seventeen shillings money forsaid In respect the said defender
being lawfully summoned oft tymes called and not compeiring
was holden as confest.
The which day anent the Lyble persewed at the instance of
George Aitchison merchand in Stitchill against James Turn-
bull tennent ther Mentioning that wher about 16 years since
or therby the said defender became cautioner for the Com-
plainer for payment to the deceast Adam TurnbuU sometym
indweller in Home brother to the defender of the soum of
lOlib. sterling money principall with annual rents and ex-
penses contained in a Bond granted be the said Defender as
principall and the Complainer and Andro Walker in Kaimflat
conjunctlie and severallie as cautioners for the said defender
to the said deceast Adam Turnbull And trew it is that Turn-
bull hes raised ane Writt against the Complainer and intends
to apprehend and secure hes person and effects in England aye
and till payment be made of the said debt as the Complainer
is certainly informed Therfore humbly craves your Lordship
will decern and ordayn the said defender to release the Com-
plainer from his said cautionry and of all damnage and expenses
he may incur ther through As the Lyble bears which the said
Judge and Barron taking to consideration decerns conform to
the Lyble and ordains extract hereof when ever the Complainer
shall instruct and document that he has been distrest for the
debt above mentioned and payed the same.
(Ill)
1712, Nov. 8.
5 capfuls meal
lOS.
Ane Head Barron Court holden at Stitchill Kirk by the
Right Honourable Sir John Pringle of Stitchill Knight Bar-
ronnett Heretable Proprietor of the Lands and Barronnie
therof upon the eighth of November 1712.
Curia legittime qffirmata.
The which day Andro Hogart in Stitchill is decerned to
pay to Elspeth Paterson ther eight shillings Scots as the
remainder of weaverwork wrought be the deceast John Pater-
son the complainers father to the defender ane year since
Item lOsh. money forsaid as the pryce of 5 capfulls of meall of
17 1 3] BARON COURT OF STITCHILL 167
bountith Item seven pence as the pryce of half a peck of oatmeal half peck yd.
ex confessione.
The which day Alexander Gardiner weaver in Stitchill is Blood and riot
unlaid in 501ib. Scots for ane Blood and ryot comitted be him ^-°'
upon Adam Hyslop residenter in Lothian within Margaret
Clarkes house.
The which day James Stevenson tenant in Home Byres is Removing a
amerciat in lOlib. Scots money for violently at his own hand °''^^-^^°-
taking ane horse out of ane draught belonging to Robert
Pringle merchant in Home the last Spring In respect of his
own confession.
The which day George Hammilton in Stitchill and Patrick Refusing pledge
Glasgow ther ar unlaid ilk ane of them in ane shilling sterling ^^j^j^^* ^^^
the said George Hammilton in refusing to take a pledge and poynded horse
the other for taking away his horse at his own hands efter it
was poyndit according to their own confessions.
Guliehims Pringle Notarius Puhlicus cler prcedict. curiae.
Curia legittime afflrmata.
The whilk day William Watson in Stitchill is iudicially ("2)
171'^Mav ^o
decerned to pay to John Lindores in Home the soum of Twenty pj^^ie
four pounds Scots money seven shillings and six pennies as ane Fe« i ye^r
years fee wrought be the defender to the Complainer three ^'^'^' 7* ^•
years since In respect of the defendars confession allowing
detention in the defendars hand for seven days work till ye
next Court day.
The which day Sir John Pringle Knight and Baronet sitting Absolved,
in judgment hes absolved William Hope herd to John Younger
miller at Stitchill from the claime perse wed at James Watsons
walker his instance against him for twenty six shillings Scots
aj)prysed be the Bourlae men for alledged damnage sustayned
be the said James Watsone by the said William Hopes neglect
conform to ane note of apprysing produced In respect of the
persewers refusal to depone being deferred thereto by the
<le fender.
The which day Thomas Hogart in Stitchill is judicially n-'i.
decerned to pay to John Mack Tennant in Gordon Mains the
soum of Ten pounds Scots money as the remains of the prvce
of certiiin sheep bought and receaved be the defender from the
168
THE MINUTES OF THE
[1713
Mare
Debt
Debts.
Lint
complainer 3 years since In respect of the persewers oath
being deferred therto by the defender.
The which day WiUiam Blackie Tennant in Parkend is
decerned to pay to Robert Hopper Tennant in Idenmith the
soum of 241ib. Ish. Scots money as the remainder of the pryce
of a meer bought and receaved be the defender from the com-
plainer at St. James Fair last which should have been payed
at Mertimes last In respect the said defender being lawfully
summoned to have compeared this day and place oft tymes
called and not compeiring was holden as confest.
The which day John Underwood wright in Stitchill is
judicially decerned to pay to Robert Thomson servant to John
Younger tennent in Stitchill the soum of 91ibs. Scots money
borrowed and receaved be the said defender from the com-
plainer 2 years since In respect the defender being lawfullie
summoned oft tymes called and not compeiring was holden as
confest.
The which day Patrick Grigor in Stitchill and David Broune
sklaiter ther is judicially decerned to pay to Robert Pringle
merchant in Home the soums of money following for the causes
efter specified To witt the said Patrick Grigor the soum of
24sh. 6d. Scots money which the defender became debitor to the
complainer for Margaret Black 3 yeirs since Item 16sh. money
forsaid as ye remainder of the pryce of Lint seid comptid and
reckoned betwixt the complainer and defender this day The
said David Brown 28sh. money forsaid for merchandise goods
six years since In respect the said defender being lawfullie
summoned oft tymes called and not compeiring was holden as
confest.
The which day William Blackie Tennent in Park End is
decerned to pay to Alexander Hislop Tennant in Stitchill
31ibs. Scots money as the cost of ane mear which was payable
at St. James Fair last In respect of absence being lawfullie
summoned for that effect.
The which day John Browne cowan in Stitchill is judicially
decerned to pay to John Smith smith ther the soums of money
following for the efter causes specified To witt 31ibs. Scots
boll beare ^3. money as ye pryce of halfe a bolle bear bought and receaved
be ye defender from ye complainer 6 years since Item 56sh.
Mare ^3.
Dry-stone
dyker.
17 1 3] BARON COURT OF STITCHILL 169
.Scots money forsaid as the pryce of halfe a boll of oats bought i boll oais 56s.
and receaved at the Time forsaid Item 161ibs. money forsaid
.as ye pryce of 10 pks of oatmeall bought and receaved 4 years ^ P^cks meal
since In respect of absence being lawfullie cited.
Gulielmus Pringle Notarius Publicus cler.
Ane Head Court halden at Stitchill Kirk Be the Right ("3)
° 1713. Nov. 14.
Honourable Sir John Pringle of Stitchill Knight Baronnett
Heretable Proprietor of the Lands and Barronnie therof upon
tlie 14th day of November 1713 years.
Curia legittime affirmata.
The which day Robert Haliday in Stitchill is judicially Plowing ^^3.
-decerned to pay to Alexander Hamilton in Maynrig the
soume of 31ibs. Scots money resting for plowing of certain
lands possest be the defender 3 years since In respect of
the defenders acknowledgement that the soum lybelled is
owing.
The which day George Aitchison elder merchant in Stitchill Riot ^^lo.
is unlaid in lOlibs. Scots money for ane Ryot comitted be him
upon Josua Locke gardener at Neuton and his brother ex con-
J^essione and is assoilzied from the Blood in regard not proven
as also James and George Aitchison younger ar unlaid in Ten contumacy
pounds Scots for contumacy and ordayned to be cited to the Z^o-
nixt Court day.
The which day Adam Hogart caryer in Stitchill is judicially Debt,
decerned to pay to Mr. John Dicksone Minister at Lantrive
the soume of 32 pounds 6sh. Scots money as the pryce and
worth of certain victual bought and receaved be him from
the Complainers father 17 years since or therby In respect the
said defender being lawfully summoned to have compeared this
day and place oft tymes called and not compeiring was holden
as confest.
The which day it is statute and ordayned that in all tyme Act anem the
comcing the mylne but not the houses belonging to it be ^*'"*
furnished with strae be the Tennants proportionally to the
husband lands within the Barronnie ordaining them to carry
the said strae according to their proportions to the Mill, and
that the said Mill be furnished with divots proportionally
thro' the Barronnie conform to the husband lands. But
170
THE MINUTES OF THE
[1715
Divots.
Bourlaemen.
Fencing.
Wells.
ordayning that the Millar both cast and lead the saids divotts^
upon his own charges.
Act anent furnishing of divots to the coat houses Manses
and houses belonging to it Mill and Teynd barne Malt barne
and kiln and generally other houses within the Barronnie that
may neid reparation.
Item it is statute and ordained that the Burlaemen meit
twice in the yeare viz. the first Saturday of March and the first
Saturday of October at which Courts of the Bourlaemen any
possessors of the houses above written may give in accompt of
what divots they need for repairing their houses and the
Bourlaemen are ordered to divyde and proportion the same
in the most convenient and equal manner to all concerned
amongst the severall husbandlands of the Barronnie including
therein Queenscairne Sweithope and the Park End but not the
inclosures of the Craigend.
Act ordaining all such as put any horse or other beasts-
upon the Hall hill to concurr in fencing it so as it adjoins,
to the fourth aikers Including therein that part of the
fourt Aiker presentlie possest be John Younger and ordain-
ing the wholl residenters within the Baronie to concur for
mending of ways digging of wells or any other thing of
that kind.
Gulielmus Pringle NotaHiLS Puhlicus cler.
(114)
1714, May 2.
The which day David Brown sklaiter in Stitchill and Issobell
Edmonstoun his spouse is decerned to pay to Margaret Clark
ther 41ib. 5sh. Scots money for drink furnished be the com-
plainer to the defender a year since In respect of absence being
lawfully summoned.
(115)
1714, Nov, 6.
Ale.
Ane uther Head Barron Court halden at Stitchill Kirk Be-
the Right Honourable Sir John Pringle of Stitchill Knight
Barronet Heretable Proprietor of the Lands and Barronnie-
ther upon the 6th day of November 1714.
Curia leglttime afflrmata.
The which day Agnes Lamb relict of the deceast Thomas-
Underwood wright in Stitchill is judicially decerned to pay
to Margaret Black in Stitchill the soume of 3sh. sterling;
17 1 5] BARON COURT OF STITCHILL 171
for aill furnished to her 3 years since In respect to the
persewers oath being deferred therto be the defender.
The which day Issobell Pringle in Stitchill and James Debt.
Wilson her husband for his interest is decerned to pay to
Robert Givan Tennent in Sweethope the soum of 61ib.
6sh. 8d. Scots money for certain oats bought and receaved by
the defender fra the com plainer 3 years since In respect the
defender being lawfully summoned oft tymes called and not
compeiring was holden as confest.
The which day George Hammiltoun in the Hill is decerned to Wool,
pay to . . . Whyte skinner in Kelso 43sh. and a farthing Scots
money for wool bought and receaved be him from the corn-
plainer ane year since In respect of the Defenders confession.
Payed at the barr.
The which day all Acts are renewed anent of keiping of ye Swine,
swine and furder dischairges keiping of swyne at anyrate
excepting within crooves and clos houses.
Stitchill Aprylle last 1715. (ii6)
Curia leg'ittime affii-mata. ^ ^" ^*
The which day Sir John Pringle of Stitchill Knight and Bar- Debt,
ronnett sittand in judgment hes decerned and ordained John
Brown in Stitchill to pay to Robert Thompson ther the soume
of six libs. Scots money borrowed and receaved be the defender
from the complainer 6 years since or therby In respect the said
defender being lawfully summoned oft tymes called and not
compearing was holden as confest.
The which day Andro Watson Margaret I^ithgow Alexander Whins.
Johnstoun Jainet Airmstrang Margaret Hopper Agnes Ker
Robert Purves and Issobell Phaup cotars in Stitchill are ilk
ane of them amerciat in six pence a [piece]. In respect they
being conveined at the instance of the Procurator ffiscall for
cutting of whins in the whinnie park efter they were dis-
charged and the defenders being all lawfully summoned to
have compeared this day and place oft tymes called and not
compeiring wherfor the Judge decerned in manner forsaid.
As also the said day George Wilson and John Millar in Not proven.
Stitchill ar judicially absolved from the forsaid Lyble and
complaint in respect not proven that they hud taken away any
172
THE MINUTES OF THE
[1715
whins after the prohibition. The which day John Lowrie in
Baron Bailie. Queenscairne is appointed to be barron-baillie.
(117)
1715, Dec. 10.
White Nag
^24.
Ewe Hog 40sh.
Riving out
balks.
Meal.
Bourlamen.
The Court of the Lands and Barronnie of etc. upon the
10 December 1715. Curia I. aff. etc.
The which day John Millar in Stitchill is judicially decerned
to content and pay to Alexander Hislop tennant ther the
soume of 241ib. Scots money as the pryce of ane whyte naig
bought and receaved be the defender from the complainer at
Candlemas last which should have been payed at first day of
May last wherof he refused payment In respect the defender
being lawfullie summoned oft tymes called and not compeiring
was holden as confest.
The which day Thomas Bosuall herd in Queenscairne is
judicially decerned to pay to Alison Lawrie ther the soum of
40sh. Scots money as the value of ane eu hog lost be the de-
fender pertayning to the complainer which was delyvered to
the defender to be herded In respect of the defenders confessione.
The which day the said Sir John Pringle sittand in judg-
ment apoynts and enacts that herafter no Tennent or possessor
of Land rive out baulks or any part of them or any peice of
gras ground that hath not been in use to be tilled befor As
also that no possessor of Land herefter mow down the stubble
of ther corne land efter the corns ar reaped with the hook and
especially tliat none mow the stubble of ther pies of ground
whether shorn or unshorn under pretence that the crop failled
and that the same was overgrown with grase under the penalty
of 40]ib. Scots to be payed be the transgressors such as to this
and the artickle above of riving out balks.
The said day Issobell Pringle in Stitchill is decerned to pay
to William Dickson Tennent in Oxmoor 31ib. Scots money as
ye remainder of the pryce of a stone of meall In respect of
absence.
The which day John Millar John Thompson Andrew Sheill
Patrick Glasgow and Peter Grigor was addit burlamen who
gave ther oathe dejideli.
(118)
[716, May 12.
May 12 1716.
The said day George Brown in Hare heuch was appointed
1 71 6] BARON COURT OF STITCHILL 173
officer for that part of the Barroiinie of Stitchill which lies
within the sherifdome of Berwick.
The Court of the Barronnie of Stitchill being ane Head ("9)
Court etc. upon the 3rd day of November 1716 Curia etc.
The which day the said Sir John Pringle sittand in judg- Carriage of
ment lies appointed and enacted as follows : — AVheras frequent looo.
complaints hath been made by such as use to hire ther horses
for money that they ar not able to cary divots from the
remotest marches wher they are usually casten to the coat
houses in the toun of Stitchill at the old and accustomed rate New rates.
of llib. Scots the 1000; Therfor for ease and remedy hereof
it is appointed and enacted that in all tyme comeing so long
as this Act stands unrescinded the manner of affording divots
upon the respective tenements shall be determined as follows
viz., for Queenscairn all along the south side of the hill from
the west end of it to the east syde of infield including little
muire lying upon the east syde of the said infield and no
farther Item for Runningburn to the east end of Brewers acre Brewer's acre,
and no farther Item for Fleemrigg to the east end of the bog
lying upon the south side of the Eister Loch called Paddon Paddon Loch.
Loch Item for the Main rig from the west end of the wester
meadow up and down and no farther except the . . . mylne
to which divots may be led from the remotest part of the
Main rig.
Item for the Park Endanywher within the eastmost division Galaiaw.
of the Galaiaw Enclosures and no farder. With this provision
always that the Tennents possessors of these respective roums
shall have it in ther choyce when the cast of the divots is made
to order it in the bounds above mentioned or in the remotest
marches ar any wher else without the said bounds or if they
choyse this last that the burden of carying the divots either in
wholl or in part shall ly upon themselves at the old rate of
lib. per 1000 but if they keep to the bounds above prescrybed
they shall not be lyable to the burden of leading them but
that shall fall upon the small possessors of the town who have
horses and ar in use to let them out for hyre. The Crofthoads,
barnyard and Mayns are not here mentioned becaus the leading
tluiu from the remotest parts of these roums is easy enough.
174
THE MINUTES OF THE
[1716
Humebyres.
Smailholm.
3 pecks meal
45s.
Debt.
Service to the
Barony.
Riot ;^5-
Blood 50s.
Bound over.
Penalty ^5.
The which day John Millar in Stitchill is judicially decerned
to content and pay to John Lamb servitor to John Stevenson
Tennent in Homebyres for leading stones at Smailholm bog
at the late work ther at Lambes byegane a yeare being employed
})e the Defender wherof he promised payment ex confessione rei.
Extracted 21 sh. of expenses of pley.
The which day Peter McGregor is decerned to pay to George
Dickson under miller at Stitchill milne the soume of 45sh.
Scots money as the aggryed pryce of three pecks oat meall
bought and receaved be the defender from the complainer two
years since In respect he was lawfully summoned oft tymes
called and not compearing was hoi den as confest.
As also David Broun sklaiter is decerned to pay to the said
George Dickson the soum of 33sh. money forsaid as the pryce
of certain meall resting 4 or 5 years since In absence being
lawfully summoned to this day for that effect.
The which day all the Tenants and cottars ar ordained to
meit on Monday nixt at 8 in the morning with John Younger
for adjusting his claime annent his service done to the
Barronnie last year and appoynts intimation hereof at the
Church Door under the penalty of 51i. for each absent.
The which day John Miller Tennant in Stitchill and
Margaret Turnbull his spous ar amerciat in 51ib. Scots money
for ane Ryot committed be them on John Donaldson com-
plainer his son and his spouse as also the said Margaret
Turnbull is amerciat 50sh. Scots for ane blood comitted be her
upon Issobell Haitly complainers wyfe. Ex confessione rei.
And both parties John Millar and John Donaldson per-
sewers and defenders are judicially enacted hinc inde to keip
the peace and good behaviour ane with another in tyme
comeing that they, ther wyves children families and the goods
geares and possessions shall be harmless and skaithless at one
anothers hands under the paine of 51ib. Scots money for
each transgression herof they their wyves children families
servants shall be found guilty by and attour reparation of
damnages.
The which day William Turner and Agnes Younger his
spouse and John Miller and Margaret Turnbull his spouse ar
judicially enacted hinc inde to keip the peace and good
17 17] BARON COURT OF STITCHILL 175
behaviour ane with another in tyme comeing That they their
wyves children families and other goods geares and possessions
shall be harmless and skaithless at one anothers hands under
the pain of 51ib. Scots money for each transgression herof that
they their wyves children families or servants shall be found
guilty by and attour reparation of the damnages.
November 10 1716. Court lawfully fenced. (120)
The which day Issobell Hoggart in Stitchill is amerciat in ^^^ ' ' °^* '°*
51ibs. Scots money for certain scandalous expressions against Scandal ^^5.
Barbara Wilson and Issobell Henderson her daughter In
respect of her confession.
And lykewyse the said day Issobell Henderson spous to
Alexander Hislop in Stitchill is amerciat in 5lib. Scots money
for scandelizing the said Issobell Hogart in her good name
by calling her ane Common hour and affirming that she had
parted with bairne ane twelve months since and severall other
opprobrious expressions and imprecations In respect the Lyble
was sufficiently proven by famous witnesses.
The whilk day the said Issobell Hagart is ordained to find Find caution
caution for her good behaviour with her nighbors in tyme ^^ ^
comeing under the penalty of 51ib. for each transgression.
And lykewyse Inacts the 2 Issobell Hendersons and Alex-
ander Hislop her husband for his interest to keep the peace
and good behaviour with ther nighbours under the pain of
51 ib. Scots for ilk transgression.
The which day Jennot Rutherford spous to James Wilson Debts.
is judicially decerned to pay Margaret Broune daughter to the
<ieceast John Brown in Stitchill the soum of 21ib. lOsh. 8d.
Scots for the causes contained in the said decreit In respect
the defender being lawfully summoned oft tymes called and
not compearing was holden as confest.
The which day Simeon Marjoribanks wright in Stitchill is Contumacy
amerciat in llib. lOsh. Scots for speaking in Issobell Hogarts^^* *°*
cause efter he was discharged.
May 8 1717. ^ ^ (ia«j ^
Curia legitt'mie afflrmata. ''*^' "^
The whilk day William Hop herd to John Younger Tennent
176
THE MINUTES OF THE
[1717
Riot Deforce-
ment ;(^IO.
Scandal ^10.
in Stitcliill and Issobell Purves. spous to Robert Hogart ther
ar ilk ane of them amerciat in lOlib. Scots money viz. the said
William Hope for ane Ryot and the said Issobell Purves for
ane deforcement committed upon John Lawry Barron Officer
Ex coiifessione rei.
The which day Issobell Purves above designed being persued
at the instance of Issobell Learmont spous to Robert Purves
in Stitchill with concurrence of the Procurator ffiscall for ane
scandall in calling the persewer whoor theif and loun was
amerciat in lOlibs Scots money for contumacy.
(122)
1717, Nov. 2.
Assoilzied.
Going over
hedge ^5.
Modified to is.
stg. 6d. to
informer.
Scandal ;^io.
The Court of the Lands and Barronnie of Stitchill etc. upon
the 2nd day of November 1717. Curia etc.
The which day anent the Lyble of scandal persued befor the
said Judge at the instance of William Watson Tennent in
Stitchill with concurrence of the Procurator ffiscall against
James Turnbull Tennant their Mentioning that when in
August last the Defender most unchristianly slandered the
complainer in his good name and reputation by saying and
affirming that the complainer did remove sum march stons and
encroached upon his possessions wherby the defender has
comited ane slander upon the complainer and therefor ouglit
to be amerciat for the said slanderous expressions And for
proving therof the persewer adduced severall famous witnesses
who being solemnly sworne and purged of malice and partiall
councell deponnid negative wherfor the Judge assoilzied the
Defender in respect the Lyble was not proven.
The which day Joan Innes spouse to Peter Grigor in
Stitchill is unlaid in 51ib. Scots money for going over the
Hedge at Craig End Park In respect of her refusal to depone
being referred be the ffiscall of the Court to her oath Modified
to on sh. sterling besides 6d. to the informer, and 2sh. 8d. for
the Lyble.
The which day Joan Haliday relict of Alexander Lowry in
Queenscairne Issabell Cramont servant to John Lowrie ther
and Issobell Brown ar ilk ane of them amerciat in lOlib. Scots
money and ordains them to be recited again the nixt Court
day In respect they were lawfully summoned to this day to bear
witness in the action of scandall persewed be Issobell Learmont
1/18] BARON COURT OF STITCHILL 177
with concurrence of the ffiscall against Issobell Purves and not
compearing which thrie fynes are modifyed to halfe a crown.
The Court of the Lands and Barronnie of Stitchill etc. (123)
upon the 10th day of May 1718. Curia etc. '^iS. May 10.
The which day Andro Aitcheson Cottar in Stitchill is Debt,
judicially decerned to pay to William Maison Tennant in
Neuton milne the soume of 43sh. Scots money as the remainder
of certain victuall bought and receaved be the Defender from
the complainer ane certain tym bygon In respect of the said
defender being lawfullie summoned oft tymes called and not
compearing is holden as confest.
The which day John Millar in Stitchill is decerned to pay Cow.
to Alexander Gardiner weaver ther the soum of 6Hb. 14sh.
Scots money as the remainder of the pryce of cow bought
and receaved be the said defender from the complainer at
Mertimes last Item 5 grots as the remainder of the pryce of
certain work with ane peck of hummel corne or 8d. as the i peck hummel
pryce therof In respect of the persewers oath being referred
tlierto be the defender.
The which day Patrick Millar in Stitchill is decerned and Loss of Service
ordained either to re-enter to Alexander Gardiner weaver in ^"*
Stitchill his service otherways to pay the soum of 121ib. Scots
money to the complainer as damnage lybelled sustained by the
complainer if it shall be found reasonable.
The which day Issobell Purves in Stitchill is fyned of new conttwnacy
again in lOlib. Scots for contumacy she being lawfully sum- ^^°-
moned to have compeared this day in the action of scandall
persewed be Issobell Learmont spouse to Robert Purves in
Stitchill with concurrence of the Procurator ffiscall against
her and is ordained to be cited to the nixt Court -day.
Ita est attestor ego Gulielmtut Pringle Notaritis Publiai^
prwdict, curiae cler.
14 June 1718 Curia legit time affirmata. (194)
The which day Robert Pringle fiar of Stitchill in absence K>\!^r! ^in^e
of and as having commission from Sir John Pringle off**'.
Stitchill his father, sitting in judgement anent the Lyable
persewed at the instance of Ninian Gaixliner elder and
178 THE MINUTES OF THE [171 8
younger in Stitchill with concurrence of the Procurator
ffiscall against John Millar Tennant ther, Margaret Turn-
bull his spouse and Margaret Black his mother for bloods
and ryots committed be them upon complainer and damnage
sustained be the said Ninian Gardiner elder for want of his
bees and certaine imprecations uttered be the said Defenders
against the complainers which being called and the saids
defenders and ilk ane of them being lawfully summoned oft
tymes called and not compearing Wherfor the Judge unlaid
Contumacy and amerciat ilk ane of them in lOlib. Scots for contumacy
' and ordained them to be cited to the nixt Court day.
The which day the said Judge sittand in judgment Anent
the Lyble perse wed at the instance of the Procurator ffiscall
against the said Ninian Gardiner elder, Alexander and Ninian
Gardiner his sones and John Millar Tennent in Stitchill for
Blood and ryots certain bloods and ryots committed be them and ilk ane of
^^°' them hinc inde upon others and particularly the said Ninian
Gardiner ther for throwing down the said John Millar and
beatting him most cruelly to the effusion of his blood as the
Lyble bears And the said defender Ninian Gardiner younger
compearing personally who confest he was guilty of ane blood
and ryot committed be him upon the said John Millar
Wherfor the Judge amerciat him in SOlib. Scots money And
fyne the said John Millar of new again for contumacy and
absolves the saids Ninian Gardiner and Alexander Gardiner
his sone in respect of ther denyall and no probation against
them.
(125) The Court of the Lands and Barronny of Stitchill holden
171 , ov. 15. ^^ ^j^^ Kirk ther be Sir John Pringle etc. upon the 15 day of
November 1718.
Curia etc.
3 Stocks The whilk day anent the Lyble persewed at the instance of
John Dickson taylor in Stitchill against Peter Grigor Tennant
ther mentioning that when in Harvest last the said Defender
most wrongously lifted off the ground posest be the persewei-
thrie stoucks of the complainers oats and therefor ought to be
decerned to delyver back to the complainer the said 3 stoucks
of oats in the defenders possession or else shew ane cause to
removed.
i7i8] BARON COURT OF STITCHILL 179
the contrair Which being called and the defender compearing
personally confest that he took up the corn lybelled out
of mistake but alledged the complainer had ane equivalent
quantitie of his for it The veritie of which assertion he
referred to the complainers oath who deferred it to the
defenders and the defender having sworn upon the assertion
above he is therupon assoilzied.
The which day John Cairncrose herd at Queenscairne is Damchesters.
judicially decerned to pay to Joan Atkine spouse to Robert
Whytlie in Darnchesters in name of Jennet Aitken her sister
the soum of 3sh. sterling as the remainder of ane fee wrought
be the said Jennet Atkine to the defender 3 years since with Shoes 2s. stg.
ane pair of shoes or 2sh. sterling as the pryce thereof ane ell scots^^'^^^" ^
of harden or four shillings Scots as the pryce therof with ane
pund of butter for greising the said Jennet her wooll or 4sh. iib. Butter 4s.
as the pryce thereof In respect the Defender being lawfully
summoned oft tymes called and not compeiring was holden as
confest.
The which day James Turnbull Tennant in Stitchill is Shoeing,
decerned to pay to John Smith ther the soumes of money etc'^^j^4. ^^
following for the causes efter specified viz., the soum of
7Hb. 12sh. Scots money as the remayn of the pryce of a cow
bought and receaved be the defender from the complainer 6
years since Item 41ib. money forsaid for shoeing ane pair of
cairt wheels to the defender and mounting the rest of the
furnitur belonging to the cairt Item 8d. for iron payed to
Andro Inglis upon the Defenders accompt Item for ane harle
and a brandon making in respect of the persewers oath being
referred therto by the defender and assoilzies from the rest of
the articles lybelled.
1718 December 20 Curia legittimc affinrmta. (ia6)
The which day anent the Lyble persewed at the instance of '^'^; ^^^ **"
the Procurator ffiscall against William Japhrae Tennant in gi^y'mare*2s«
Homebyres Alexander Knox his servant and John Wait his
last servant and now to John Steinson tennant ther Making
mention that wher the said defender or ane or other of them
spuilzied and away took off the lands of Homebyres ane grey
mair when the same was pasturing upon the stable belonging
180 THE MINUTES OF THE [171 8
to Richard Archer in Home and did ryde thereon to Midle-
stott being 7 miles distant wherby they have committed ane
spuilzie and therfor ought to be unlaid aud amerciat and
otherways punished for the said transgression Which being
called before the said Judge and the said defender Waitt com-
peiring confest the fact In respect wherof the Judge fyned him
in 51ibs. Scots for the spuilzie and injury comitted be him.
And assoilzies WilHam Japhrae and the rest of his servants in
regard the said defender Wait freed them of having any
accession to it and ther was no proof otherways against them
And that but prejudice to the ouners claim wherever he may
perseu the same.
Casting Turf. The which day the said Sir John Pringle^ of Stitchill
sittand in judgment appoints and enacts that in all tyme
comeing no Tennent or Possessor within the Barrony of
Stitchill cast TurfF for fewell upon ground carying grass tho"*
never so coarse such as that called Syke ground or ground fit
for affording fail and divot for houses becaus of the prejudice
that is therby done to the gras and also that such ground
ought to be reserved and as much spared as possible for the
furnisshing of fail and divot allenerly for the use of the
houses within the Barronny as well in building new ones as
repairing the old and that under the penalty of 51ib. Scots to
the transgressors of this Act toties quoties but prejudice
always to the Tennents and possessors forsaid To make use of
the Muire ground within ther respective possessions for fewell
and but prejudice to the Tennents of the Outsteads to
make use of green TurfF or faill that may be necessary for
maintaining ther dykes but this no ways to be extended to the
yards and dykes of the town nor even such of the Outsteads
wher stones can be easily had. And therfor dischairges the
doing any such work till the same be viewed and permission
obtained for that end And this likewyse to be observed under
the forsaid penalty of 51ib. Scots but this Act noways to be
extended against such as shall cast up green turff* upon their
1 This is the last occasion on which he is mentioned as presiding at the Baron
Court. He had begun presiding on 5th September 1692. His successor was
Sir Robert (the second). He begins on 8th November 1721.
I720] BARON COURT OF STITCHILL 181
grounds in order to the manuring the same and making them .
the more fitt for bearing corne.
Act ordaining all that keip swine to be careful to keep Keeping Swine,
them off ther nighbours skaith under the pain of Triple
damnages.
The Court of the Lands and Barronny of Stitchill etc. upon (127)
the 6 day of June 1719 yeares. Curia etc. i7i9tjune
The which day Peter McGregor is decerned in absence to Hume,
content and pay to Walter . . . Meillmaker in Home the
«oum of lOlib. lOsh. Scots money as the remayn of the pryce of
ane cow bought and receaved be the defender from the com-
plainer at Kelso Summer Fair last in respect he being lawfully
summoned oft tymes called and not compeiring was holden as
confest.
The which day Thomas Smith herd in Stitchill is judicially Loss of cow
decerned to pay to Andro Brownlees Tennant ther the soumes ^^°'
of lOlib. Scots money of damnage sustained by the complainer
through the Loss of ane cow pertaining to the said complainer
by the said defenders negligence which was comprysed by the
Bourlaemen which being referred to the Defenders oath
whether he had thrown ane stone at the cow or not who
refused to depone and therfor the Judge decerned in manner
forsaid.
The which day Alexander Gardiner weaver in Stitchill is Bees ^^3.
decerned to pay to George Maison tennant at Neuton miln
51ibs. Scots money or the value of the bees and work lybelled
which came off from Neuton milne to ane skep belonging to
the said defenders upon the first of June instant.
Act dischairging the use of the old road betwixt Croftheads Trespass,
and Queenscairn ground as a parcell of ground marching with
Queenscairn upon the eist syde of Croftheads is enclosed that
severall persons doe pas thro' the saids grounds upon pretence
of the said Road Therfor the Judge dischairges any passing
ther in all tyme coming under penalty of fyve pounds Scots
for each transgression ioties giiot'ies.
The Courts of the Lands and Barronnie of Stitchill etc. upon (»»«)
the 18 day of May 1720. Curia etc. *'?' ^'^ '^
182 THE MINUTES OF THE [1720
Riot and De- The which day aneiit the Lyble exhibited the last Court
™^" ' day at the ffiscalls instance against William Lawrie and
Alexander Garner of a Ryott comitted by them and some
others on which the probation was laid and the same being
delayed in respect to the said Lawrie and Garner and being
reconsidered finds the saids persons guilty of fighting baiting
one of otlier by the deposition of John Younger finds Alex-
' ander Garner guiltie of baiteing the saids William Lawrie
deposition of James Turnbull and by the said deposition
William Lawrie guiltie of ciseing of the constables staff
traileing him with itt and pulling it out of his hand which
facts being laid together finds the deposition prove the Ryot
in general against them. Therefor amerciats them each in
Penalty ^10. lOHb. Scots moucy modified the said fyne as to William
groats and 50s. Lawrie to 5 groats and as to Alexander Garner to 50sh. Scots.
The which day John Millar Tennent in Stitchill acknow-
Contravention ledged the arrestment by the officer and likewise his contra-
^10. vention but pretended he was ignorant of the haizard therof
having corne lying in the mylne for one halfe in the kill and
the other halfe in the barne repets this his defence and the
fact being proven by his own confession amerciats him in Ten
pounds Scots.
The which day William Lawrie gave in a syned accompt of
severall artickles extending to 51ib. 12sh. Scots which being
referred to his oath of verity he therupon deponed and owned
that in the articles about sheveing he owned to the Per-
sewer Alexander Garner halfe ane years service takes of lOsh.
Scots of the account and attour the rest of the articles to com-
pence with the claime above written and therfore assoilzies
the defender from the same.
Whins. Act dischairging all persons within the Barronny of Stitchill
to cutt or pull whinns upon the grounds of Homebyres or
generally any other places within the said Barronnie without
the Tennenfs libertie under the paine of 51ibs. Scots toties
qiioties and allows the Tennents to take at ther ain hands,
from the cutters any instruments they may have with them
for that end.
1721, Nov. 8. The Court of the Lands and Barony of Stitchill holden
1722] BARON COURT OF STITCHIIX 183
within the Kirk therof be Sir Robert Pringle of Stitchell
Knight Barronet upon the 8th day of November jajvij'^ and
twenty one yeares.
Curia legittime affirmata.
The which day John Ker tennent in Stitchill is decerned to Service.
j)ay to Thomas Robertson the sum of three pounds Scots as
ane half years service which was made to him by the said
complainers daughter.
The which day anent the Lyble persewed at the instance of Dyer.
William Muirhead servitor to John Scot Dyster in Stitchill
absolves the defender in respect of his denyall and noe pro-
batioun against him.
January ye 26th 1722. (130)
The Courts of ye Lands and Barony of Stitchill holden 1722. January 26.
within ye kirk therof be Sir Robert Pringle of Stitchill Knight
Baronet upon ye 26th day of January 1722.
Curia legittime affirinata.
The which day John Brown is decerned either to take back Apprentice.
Thomas Pearson his apprentice and fullfill his Indentures [or
to repay] ye ten pounds Scots to Thomas Pearson his father
which he got as part payment of ye Prentice Fee.
The which day Jasper Atchison workman in Stitchill is Andrew Whale,
decerned to make payment to Mr. Andrew Whale ^ School-
master there the sum of one pound twelve shillings Scots
money as ye remainder of a greater sum borrowed by ye
defender and was holden as confest in respect of his not com-
pearing.
The which day John Scot dyster in Stitchill Mill is per- Coais-leading
sonally decerned to make payment to Issobell Baillie widow of '^"'* "*^*
ye deceast John Donaldson tenent in Stitchill the sum of
thirteen pounds four shillings Scots money and that for coals
leading and Hay brought from ye complainer in respect of
* Son of Andrew Whale, farmer, Yetholm Mains. Born 1694, died 1752.
Became schoolmaster of Earlston about 1730.
Lancelot, his son, became rector of the grammar-school at Kelso, and
schoolmaster to Walter Scott. Robert Whale, son of Lancelot, became
surgeon in the Army. He died and is buried at Lyne, where his father was
then schoolmaster.
184 THE MINUTES OF THE [1722
his being lawfully summoned called and not compearing was
holden as confest.
skaith to coat The which John Scot dyster in Stitchill is decerned to pay
orcot[]. ^^ John Hamilton meall-maker ther the sum of one shilling
sterling for cost skaith and damnage sustained by ye persewer
and is referred to ye nixt Court day for a Ryot committed be
ye defender.
(131) July 26 1722.
1722, juy 2. rpj^^ which day George Hamilton and George Atchison
Tennents and merchants in Stitchill is amerciat each of them
brealdngdl^kes ^" ^^^ shilling sterling for pulling and cutting of rottins and
breaking down of dykes.
Whins. Act anent Whins : — Notwithstanding of former Acts That
whatever person or persons shall cut or pull whins within ye
parish of Stitchill they are to pay for each backfull one halfe
pennie and for each horse load two shilling Scots toties quoties
and that from ye first of November to ye first of August and
if without ye said space they doe cut or pull they are to be
lybell for the fine which is statute and ordained in ye former
Acts.
(132) February 18 1723.
The Court of ye lands and Barony of Stitchill holden
within ye Kirk therof be Sir Robert Pringle of Stitchill
Knight and Bart and day and date above.
Funeral debts. "^^^ which day John Scott dyster in Stitchill walk-mill is
decerned and ordained to pay to George Atchison merchant
in Stitchill the sum of three pounds eight shillings Scots
money for goods receaved for ye use of ye defenders mothers
funeral 1.
do. The which day John Scot dyster in Stitchill walk-mill is
judicially decerned to make payment to John Underwood
Wright in Stitchill two pound eighteen shillings and eight
pennies Scots money for an coffine, Bell/ grafF-making.
^ This means ringing the dead-bell to announce the death of a person ; pro-
bably the small hand-bell, not the church bell.
12723] BARON COURT OF STITCHILL 185
February 21, 1723. (^33^
ITZ*^ Feb. 21.
The Court of ye Lands of ye Barony of Stitchill holden
within ye kirk therof be Sir Robert Pringle of Stitchill.
The which day anent ye claim persewed be John Scott Riot ;^io.
dyster in Stitchill mill against John Lawrie tenent in Stitchill
for a ryot committed by him. The defender was allowed this
day to aduce witnesses for his exculpation The persewer
"being called, ye complainer John Scott being absent is sup-
posed to have deserted ye dyet against ye defender therfor
assoilzies him from any claim of damnages he may pretend to
by being beat by ye defender but ye defender confessing ye
beating of ye persewer and being found guilty is decerned to
pay ten pound Scots of fine.
The which day anent the claim persewed be William Muir- Half years
head servant to John Hamilton Dyster in Ednam against ^^"^^^^^ •^^'^*
John Scot Dyster in Stitchill for twenty four pounds Scots as
wages for ane halfe years service wrought for be said com-
plainer and finding the said defender to have an account upon
the said persewer consisting of severall articles and there being
only made appear to be due to the said persewer the sum of
fifteen pounds ten shillings Scots the Judge ordained him to
be poinded for the same and in regard the defender alledged Poinded,
that he could aduce witnesses to prove the rest of the articles
contained in his charge reserves action to him for that effect
as accords.
May 17 1723. (134)
The which day Alexander Gardiner weaver in Stitchill ^^^' ^**^ '^*
complainer anent the claim persewed against Patrick Millar
merchant ther is decerned and ordained to make payment to
the said complainer the sum of eight pounds Scot money by
Hills drawn upon and accepted by him.
The which day anent the claim persewed by the Procurator Whins,
ffiscall against Rodger Dickson, Janet Dods, Henry Gill,
Agnes Cuthbertson, l^illy Fairbairn, John Richardson, Issobell
Tait, John Halloe, Alison Halie, Issobell Hagger, Margaret
\Vood, Alexander Gray, Robert Waddell, Gideon Davidson,
Andrew Watson, Margaret Tayler, Janet Smith, John Browne,
Agnes Madder, Margaret Donaldson, and Margaret Scott, for
186
THE MINUTES OF THE
[1723
Meal.
Limseed.
Scandall.
pulling and cutting of whins which being against the Acts of
the Baron Courts each of the above persons is decerned in
twelve shilUngs Scots and likewise amerciat in twelve shillings
Scots money forsaid for Contumacie.
The which day Jean Greig indweller in Stitchill and William
Muirhead for his interest is decerned and ordained that they
make payment to John Miller ther the sum of five pound
eighteen shillings Scots for meal bought from the complainer
and receaved by the defender.
The which day John Scott Dyester in Stitchill is ordained
to make payment to James Litel merchant in Hume the sum
of two pound Scots for Lintseed.
The which day anent the Lybell persewed by Jean Gray
against Janet Armstrong for scandall and in regard the per-
sewer could not prove the same assoilzies the Defender.
(135)
1723, Nov. 30.
Riot ;^5o.
1723 November 30.
The which day Sir Robert Pringle sitting in judgment
decerned and ordained James Broomfield and Thomas Ander-
son servants in Homebyres for a ryot committed on each other
in fifty pounds Scots.
(136)
1724, May 19.
Claims.
1724 May 19.
The which day anent the claim pursued by Thomas Trotter
servant to Sir Robert Pringle of Stitchill against James
Aitchison there for six pounds six shillings Scots as the pryce
of a certain quantity of meal due to the pursuer by the de-
fender and the said defender being lawfully summoned and not
compearing decerns him to make payment of the above charge.
The which day Jasper Atchison in Stitchill is decerned and
ordained to make payment to Will Wilson servant to John
Given tennent in Sweethope the sum of seventeen pound
fourteen shill. Scots money as the remainder of the price
of the pursuers growing.
(137)
1724, Nov. 7.
No lybel.
1724 November 7.
The which day Sir Robert Pringle of Stitchill sitting
in Judgment and no Lybell being brought in before him
adjourned till next term.
1725] BARON COURT OF STITCHILL 187
1725 May 18. (\38)
I72C iVl3.V 1 8
The which day Jasper Atchison in Stitchill pursued George Resurrection-
Hamilton younger there for scandal in speaking publickly ^^*^ ^'^'
that he had helped up with the dead ^ whilk being called and
purged of malice and partial counsell viz. Andrew Burn in-
dweller in Stitchill and John Watson there, and Robert Scott
there, and not proveing the same as whereof the defender. . . .
The which day anent the Lybell pursued by Alexander Estate of
Gardiner weaver in Stitchill and eldest lawfull son to the ^
deceast Ninian Gardiner weaver there, with concurrence of his
sister upon Ninian Gardiner lawfull brother to the pursuer
that whereas the effects of the deceast Ninian are yet in the
hands of the Defender requires that an equal division may be
made of the effects the Defender craves another day to adjust
his accounts the Judge finding the same relevant granted it
and allowed them the next Court day.
The which day George Hamilton, David Hogarth, John Non-payment
Miller, James Aitchison, John Richardson, Simon Marjori- los. penalty,
banks, Joan Innes, and Alexander Hyslop indwellers in
Stitchill were decerned and ordained to make payment to
Andrew Whale schoolmaster there, of their several sallaries
and likewise were amerciat each in the sum of ten shillings
Scots for not due payment of the same as is enacted in the
Barony Court Books.
1725 May 18. («39)
The which day anent the Lybell pursued by Jasper Atchi- Removing
son in Stitchill against John Stevenson wright there for "^^^*^^ ^^°°*^^
removing of some March stones that were sett by the Burlaw-
men betwixt their yards the Judge remits the complaint to
the said Burlawmen and ordains them to inspect the ground
and to make a report the next Court day.
The which day anent tlie claim pursued by John Stevenson Keep the peace
wright in Stitchill against James Atchison there, for swearing ^*°"
that he would put a pen-knife in him, the same being proven
against the defender by Margaret ffairbairn in Stitchill and
Margaret Henderson there, they being purged of malice and
* This appears to be an allusion to the trade of the resurrectionist, or possibly
to some form of summoning the spirit of the dead.
188 THE MINUTES OF THE [1725
partial counsell, decerned the Defender in Ten pounds Scots
and likewise ordains him to enact himself in the Baron Court
Books of Stitchill to keep the peace with the complainer John
Stevenson and that him and his family shall be keep skaithless
by him and any of his family fact and deed and this under the
penalty of fifty pound Scots.
(140) 1727 Stitchill November 6.
1727, Nov. 6, _„
Clerk. John Lawrie Tennent in Queenscairn sitting Judge. There
was introduced by Cliarles Potts Nottar in Kelso ane Commis-
sion from Sir Robert Pringle of Stitchill to be Clerk of said
Barony which was read and he gave his oath dejideli. Charles
Potts; John Lawrie.
Officer. Thereafter John Underwood wright in Stitchill was nominat
Officer of ye said Barony who being present accepted thereof
and gave his oath dejideli. John Underwood ; John Lawrie.
Adjourned. Thereafter the Court lawfully fenced and affirmed in the
usuall manner and all actions were called find them adjourned
to the next lawfull wairning. John Lawrie.
Commission to Followes the Commission granted to the said Charles
Charles Potts, p^^ts :-
Stitchill 8th November 1727.
Haveing occasion for ane Clerk to the Barrony of Stitchill
and haveing ye experience of your qualifications for exerceing
that office; These ar therefore authorising and impowering
you Charles Potts Nottar in Kelso to be Clerk of ye said
Barrony of Stitchill with all priviledges thereto belonging and
to execute and exerce the said Office of Clerkship from this
date with the usuall priviledges as any former Clerk did or
might have done and the emoluments and perquisites whereto
belonging to apply to your own propper use and this to con-
tinue dureing my pleasure for doeing whereof This I declair to
be ane sufficient warrant and Commission from (signed Robert
Pringle) to Charles Potts, Nottar in Kelso.
(141) Stitchill 14th November 1727 Court for ye Penall Statutes
and other Actions called.
The forty The Account of the Fourty Husband-lands in Stitchel con-
form to the several Divisions thereof enacted in the year 1715: —
172;] BARON COURT OF STITCHILL 189
Queen scairn four lands.
Runningburn, two lands one quarter.
Fleemrig or South Quarter, two lands one quarter and an
half.
The Mains, three lands and an half.
The Fourth Acres, one land and an half.
Three Akers of Kirk Land lying within the ground of the
said half.
Fourth Akers of land being one quarter of land.
A piece of farm land lying between the carter gate and
Orchard road one quarter and a fourth part of a quarter.
Croftheads, one land and a half.
The Croke Quarter, two lands and a half.
That piece of Outfield called the Eighteen Rigs, half a
quarter, and the fourth part of a quarter.
The Kirklands with Caldron Brae, three quarters ; the said
Caldron Brae being estimate an aker, of the said three
quarters.
The Westend of the Fourteen Lands, of which that piece
of Smithy land called the Long Riggs makes one land.
Croft Hilly, broad acres and grass riggs one quarter and a
half.
Amers Knows, lying within the said west end, half one
land.
Likewise lying in the said west end in the Ten Lands above
mentioned are comprehended the two husband lands and a
lialf of the Main Rigg and three quarters of the Miln.
The Over town of Stitchill ten lands which are included in
the inclosers of the Park End, of the Craig End, and others
about the House of Stitchill with the East Craig and a small
piece of the East Craig End set into the Croftheads as also
Sweethope.
Conform to this Division the several Tenements as pos- Schoolmaster's
sessed at present pay of the Schoolmasters Salary as follows ^^ *^ '^***'
at the rate of one pound Scots upon each husband land : —
Queenscairn four lands . . . . 4 00 00
One quarter and a half of the Overtown Eastrig 0 07 06
4 07 00
190
THE MINUTES OF THE
[1727
Runningburn.
Runningburn, Merlaw Bank two lands and ane
quarter . .
Eighteen Rigs and half quarter and fourth part
of ane quarter ....
Fourth part of one acre in the Croke
The half of the Croke outfield half one land
The Kirklands three quarters wanting an acre .
Runningburn, sum
2 05 0
Flemri.Ef and
South Quarter.
Flemrig
land
s one
and South Quarter, two
quarter and half, ....
Half of the Croke outfield.
An acre of Kirklands called Caldron Brae
A piece of the Croke infield called ye Bulle,
estimate to an acre
The half of that piece of the Croke infield lying
upon the west end of Oatrig
Flemrig, sum,
Infield Croke. Infield Croke, quarter one husband land one
quarter and half a quarter, sum.
Mains, three lands and a half, sum,
Ten half fourth acres at 2 shill. per half.
Two acres within the said half fourth acres pos-
sessed at present by Adam Henderson and
George Hamilton, sum
Carter Gate Land lying between the Carter gate and Orchard
and Orchard , , ■, r« . i . <»
Road. road one quarter and one lourtn part 01 a
quarter, possessed by John Underwood, one
acre .....
By John Brunton the rest.
This ground, sum
Croftheads one land and an half
With one half quarter of the overtown east
craig and near half an acre of the craigend
Croftheads, sum .
Croftheads.
0
03
9
0
00
10
0
10
00
0
13
04
3
14
11
2
07
06
0
10
00
0
01
08
0
01
08
0
00
•10
3
01
08
1
7
11
3
10
00
1
00
00
0 03 04
0
01
08
0
04
07
00
06
03
01
10
00
00
03
06
01
13
06
1/35]
BARON COURT OF STITCHILL
191
Baillie Know
05
15
00
00
10
00
00
07
06
00
13
08
A Parcel of ground in the West End of Nether
Stitchel called Longrigs . . . 01 00 00
Bailies knowe or Barn yards five lands three
quarters west end of nether Stitchill
Amors Knows half of ane land .
Miln land with a parcel in ye Angry Croft an
quarter and a half ....
Six half fourth acres with an acre among them .
Three quarters of an land in the west and east
into the Miln ....
Bailis Know, sum
Mainrig two lands and an half in the west end Mainrig.
of Nether Stitchill. Mainrig sum,
Parkend being part of the ten lands in the Over- Park End.
town being an husband land and an half a
quarter and an half quarter
Svveethope two lands, sum,
The inclosures lying east from Stitchill hill being the rest of Inciosures.
the ten lands in the Overtown, Oxcroft, the east Craig, and
the small parcel above mentioned ; at present let into
Queenscairn and Croftheads,
Inclosures, Craigend, sum, . . . 5 11 6
1735 May 13. (14a)
William Atchison, Runningburn, Alexander Sim, John '''^^' ^^^ ^^'
Hamilton, Robert Heymers in Stitchill were added to the
number of Birlymen and gave their oath dejidelu
00
15
00
08
01
m
0
10
00
01
17
06
02
00
00
in
1735 Stitchill October 9. (,^ ^
The qlk day and place there was an Court of the 9th day '735. O^i- 9-
the Barony of Stitchill holden by Sir Robert Pringle
heritable proprietor of the said Barrony.
The which day Ninian Gardiner weaver in Stitchill was at Order to
the instance of the Procurator ffiscall indicted of several"™**^
theftuous actions said to be committed by him at several
192
THE MINUTES OF THE
[1735
times and different places anent which several witnesses bein^
examined the further consideration therof was referred to the
next Court And in the meantime he was ordained to find
caution for his good behaviour till Whitsunday next qlk time
he is ordered to remove himself and family out of the
Barrony. The qlk day also Mr. John Beveridge present
schoolmaster in Stitchill was chosen Clerk of Court.
(144)
1735, Nov. 8.
1735 Stitchill November 8.
The which day and place there was a Head Court of the
Barrony of Stitchill holden by John Laurie tennent in Queens-
cairn Bailie of the said Barronny. Curia legittime affirmata.
The which day Matthew Short servant to John Smith in
Caldron Brae is judicially decerned to pay to John Dickson in
Stichell the sum of two shillings sterling.
Anent Ninian Gardiners affair he is ordained to have a Bond
of Cautionry for his good behaviour ready within a fortnight.
(145)
1735, Nov. 22.
Yarn.
Linen web.
Claim.
1735 Stitchill November 22.
Curia legittime affirmata.
Ninian Gardiner is decerned and fined in ten pounds Scots
for being guilty of a riot and beating Margaret Henderson
spouse to James Leithead, taylor in Stichell to the effusion of
blood ex confessione rei. Thomas Hamilton in Mainridge is
decerned to pay two pound two shillings Scots to Thomas
Peirson weaver in Stitchel being the remainder of a Bill
granted to him by ye said Thomas Hamilton.
As to the Lybell pursued by Margaret Henderson spouse to
James Leithead in Stitchill against Ninian Gardiner weaver
there, Importing that the said Ninian has six Slyes of her
yarn in his possession which he refuses to deliver, the Defender
promises to give up the said yarn if two tradesmen may be
set to value linen web which he formerly wrought which he
agreed to and John Brown and Robert Waddell< weavers in
Stitchill added to the Birlymen for that purpose and gave
their oaths dejideli.
Robert Taylor servant to John Millar in Stitchill Miln is
decerned to pay six pounds ten shillings Scots to Margaret
Haitly in Hume.
1737] BARON COURT OF STITCHILL 193
James Richardson servant to Mr. Walter Scot in Bailly assoilzied.
Know is assoilzied from the complaint of Robert Bruntfield in
Hume who pursued him for fourteen pound 18 shillings Scots in
regard he deponed in the negative therof when it was referred
to the Court.
1736 May 15th, (146)
Curia legittime affirmata, ^^^ ' ^^ ^^'
Anent the Complaint given in by Mr. John Beveridge Baiiiie Know,
schoolmaster and William Donaldson indweller in Stitchill
against Mr. Walter Scot tennant in Baillie Know for eating
their cornes in winter last by his sheep the same is referred to
the next Court day.
Robert Wilson indweller in Stichill is decerned to pay two
pounds eleven shillings Scots to William Marshall in Stichill
as also one peck of oats and eight fathom of ropes all which Oats and ropes.
upon his own confession is due.
As also William Marshall is assoilzied from a complaint of assoilzied.
the above Wilson in regard to the Pursuer refuses to give his
oath upon the verity of the complaint only three lib. weight of
iron which said complainer charges and is referred to two men.
1736 November 6. (147)
Curia legittime affirmata. ^^^ '
Mr. Walter Scot in Bailly Know is decerned to pay Skaith.
Mr. John Beveridge and William Donaldson for the skaith
receaved by his sheep yet superseding the extract of said
decreet till next Court against which time Mr. Scot is allowed
to prove that other peoples sheep were in that skaith as well
as his He having desired time for that effect.
1737 Stitchill March 14. u^s)
Curia legittime affirmata, 1737. March 14.
The which day in consideration that Arthur Sim late Fugitive.
indweller in Stichill is fled and absconded and tliat he is rest-
ing several sums of money to different persons in the Bounds.
Therefore the several persons putting in and proving their
respective claims The effects left be the said Arthur Sim are
ordered to be rouped and the money raised from their sale roup.
194
THE MINUTES OF THE
[1737
applied to the payment of the said debts by the Bailie of the
Barrony.
(149)
1737, May 12.
Mr. Scot fails.
Debt.
School fees.
Kail.
Complains.
1737 May 12 Stitchill.
Curia legittime affiiynata.
Anent the cause betwixt Mr. John Beveridge and William
Donaldson pursuers and Mr. Walter Scot defendant the said
Mr. Scot failzies to prove that any sheep besides his own were
in their skaith the pursuers are allowed to extract their
decreet and put it into execution.
John Davidson servant to John Laurie in Queenscairn is
decerned to pay Mrs. Inglis in Kelso the sum of nine shillings
and six pence sterling as the remains of an account due by
him to his by his own confession.
Catherine and Issobell Gotterstons, Alison Hoggart, Will
Wilson, and Robert Thomson all indwellers in Stichill are
decerned to pay to Mr. John Beveridge the following sum of
school pay or wages due to him for teaching their children
viz., — Catherine Gotterstone four lib. thirteen shillings four
pennies Scots ; Isobell Gotterstone six lib. thirteen shillings
four pennies ; Alison Hoggart four lib. ; Will Wilson two lib.
thirteen shillings four pennies ; Rob Thomson one lib. six
shillings eight pennies.
Mr. Walter Scot in Bailly Know is decerned to pay to John
Brown weaver in Stitchill the sum of one lib. fourteen shillings
Scots of an apprisement of Kail destroyed to the complainer
by ye defenders sheep.
Mr. Walter Scott in Bailly Know complains upon John
Cairnscroft his late servant in ten particulars, the considera-
tion therof is referred to the 14th current.
(150)
1737, May 14.
1737 Stitchill May 14.
Curia legittime affirmata.
Anent the complaint exhibited last Court day by Mr. Scot
against John Cairncroft witnesses being examined upon the
several particulars which being considered together with the
defenders acknowledgments he the defender is decerned to pay
to the pursuer fourteen lib. thirteen shillings Scots in lieu of
all damnages and so is assoilzied upon his payment.
1738] BARON COURT OF STITCHILL 195
John Davidson servant to John Laurie in Queenscairn is
decerned to pay to Mr. Scot in Bailly Know the price of his
two Bolls four fyrlots oats ten capful of barly of an apprise-
ment and two hogs lost by him to ye said Mr. Scot.
1737 Stitchill November 8. dsO
Curia legittime affirmata. ^^^^'
The several Vassals and tennents being called compeared in
the Court themselves or proxies.
1737 December 24. (152)
The qlk day the effects belonging to the deceast Janet ^^^^' ' ^*
Armstrong were exposed to publick roup at the instance of
the Barrony of Stitchill for the use and behoof of James
Currie her grandson being under age The Barronny having a
right to her effects in reo^ard she had been sometime main-
tained at their charge as one of their poor. •
1738 Stitchill May 13. (153)
Curia legittime affirmata. '738. May 13.
John Dickson and Thomas Hyslop both in Stitchill are Scandalous
amerciat the first in ten pound the other in five lib. Scots ^*'''-
with Modification as the Judge shall think fit for scandalous
language used to one another.
1738 Stitchill May 27. * (,54)
Cttria legittime affirmata. '738. May 27.
Thos Hyslop is decerned to pay to John Dickson three
shillings six pennies sterling.
1738 Stitchill November 11. (,55)
Curia legittime affirmata. ^738. Nov. n.
John Millar milner in Stitchill Miln as executor to William Fees.
Millar his brother late tenant in Henderside is appointed to
pay the general persons following their fees as having been
servants to his deceast brother viz. Robert Thomson in Stitchill,
George Ladla in Kdnani, Robert Alexander in Kemflat, Alex-
ander Hyslop in Stitchill is ordained to pay six pounds Scots
as the remains of a Bill due to John Dason tenant in Harper-
town.
196
THE MINUTES OF THE
[1739
{156)
1739, May 10,
Debts.
1739 StitchiU May 10.
Curia legittime affirmata.
Robert Aymers in StitchiU is ordained to pay twenty
pence to Will Donaldson Hassingden, John Millar in StitchiU
Miln is also ordained to pay fifteen lib. Scots to Ralph Cannon-
head in Edenmouth as fees due to him by Will Millar late in
Henderside brother to the said Millar. Also the said John
Millar ordained to pay six lib. four shillings Scots to And.
Swanston in Hume upon the same account.
James Hall in StitchiU is decerned to pay three shillings
six pennies Scots to Will Donaldson in Hassingden and Alison
Scot in StitchiU ten shillings six pennies Scots, and Alexander
Hog there one lib. twelve shilhngs Scots to ye said Will
Donaldson.
(IS7)
1739, Nov.
1739 StitchiU November 10.
Curia legittime affirmata.
Ane Head Barron Court holden at StitchiU be ye Right
Honourable Sir Robert Pringle Baronet heritable proprietor
of the lands and Barrony of StitchiU compeared the whole
tennants and cottars within the said Barrony and took Instru-
ments upon their compearance.
(158)
1739, Nov. 13,
Debt.
1739 StitchiU November 13.
Ane lawfully fenced Court John Lamb indweller in StitchiU
is decerned to pay Will Johnstone indweller in Hume, the
sum of two pounds Scots principall and eight pence of
expenses of pley.
Teinding, There was also a complaint by John Lawrie against John
Underwood and Alexander Linen setting forth that when
they were teinding the pease Harvest last, Peter Glasgow^
Alexander Sim, and James Thomson refused to lead away
some of said teind that was already drawn which the de-
fenders acknowledged alledgeing for their excuse that every
one of them had led more than their share Which defense
was repelled, in regard that there was neither draughts upon
the field at that time, and that they are allowed to act a&
accords against any of the Town that had not sufficient
1745] BARON COURT OF STITCHILL 197
draughts for leading away their proportion of Teinds
and each of the three are therefore amerciat in half a
crown to be applied for the use of the Town in repairing
highways etc.
1740 Stitchill November. (159)^
The which day and place ane Head Court of the lands and
Barrony of Stitchill was holden by the Honourable Sir Robert
Pringle.
Curia legittime affirmata.
The said day John Smith Schoolmaster at Stitchill was
appointed clerk of the Barron Court.
1740 Stitchill November 8. (160)
The which day ane Head Barron Court holden in the ^^°' " °^'
Cliamber of Nether Stitchill by George Laurie the Barron
Bayllie of the place.
1744 Stitchill November 10. (iJ'M
1744, Nov. 10.
The which day was holden an Head Barron Court m the
Chamber of Nether Stitchill by the Honourable Sir Robert
Pringle.
The which day the Barron appointed George Laurie tenant
in Queenscairn to be Barron Bailie in room of the deceast
John Laurie late Bailie of Stitchill.
1744 Stitchill November 10. (i6i«)
The which day the said Sir Robert Pringle sitting in judg- J^"*^' °^* '°*
ment discharges Act anent all Residenters in the Barrony of
Stitchill to dress Lint themselves or by others cither by beat-
ing, rubbing, swingleing, drawing or heckling with candle-
light (dressing) and likewise the drying of it at the fire by day
or night under the penalty of twenty lib. Scots totles quoties
if they shall transgress as above.
1745 Stitchill November 23. ^ («gj)^ ^
The which day ane Head Barron ('ourt was holden in the
Chamber of Nether Stitchill by the Honourable Sir Uobert
198 THE MINUTES OF THE [i745
Pringle of Stitchill Knight Barronet Heritable Proprietor of
the Lands and Barrony of Stitchill.
Tlie which day James Brown and John Sniitton tennents
in Stitchill were chosen Burlawmen of the said Barrony
and gave their oath de Jideli. James Brown ; John Smitton
his mark.
(163) 1748 Stitchill January 5.
At a Barron Court held here this day Agnes Laidlaw
claimed a chest from iVlexander Gray that belonged to her
deceast mother in which was something of her own and her
Motlier's Which chest the said Alexander Gray detained till
he should be payed a certain part of the wages due by James
Apprentice Fee. Laidley her son as apprentice fee for the said Mother being
cautioner in the Indentures. Parties being fully heard and
the affair delayed to another Court day George Dickson
offered to be caution to Alexander Gray for the ten shillings
sterling claimed as above providing the said Agnes Laidley
might have the chest above mentioned Which the said Alex-
ander Gray accepted of and accordingly by appointment of
the said Honourable Sir Robert Pringle sitting Judge, the
said George Dickson enacted himself in the Court Book to
pay the above claim of ten shillings sterling to Alexander
Gray in case the same shall be found due and accordingly
the chest was ordained to be given up to the said Agnes
Laidley and the Indentures delivered to said George
Dickson.
. (164) 1748 Stitchill November 9.1
1749, ov. g. When a compearance was made by the whole householdeis
or their procurators at their Barron Court.
^ This was the first court held after important modifications had been made
upon the jurisdiction of Baron Courts. By an Act passed in the reign of
George 11. it was enacted that, from and after the 25th March 1748 no heritor
of lands in Scotland, erected into a Barony, or granted with lower jurisdiction, or
their Bailies, shall have any jurisdiction in capital cases ; and no such Baron or
other heritor infeft ctD/i curiis^ or their Bailies, shall have any jurisdiction ia
any criminal cause, other than assaults, batteries, or smaller crimes, for which
the punishment shall not exceed a fine of one pound sterling, or setting in the
stocks in the daytime ; which fine shall be recovered by poinding or by imprison-
ment not exceeding one month. The Baron was also to enter into a book, to
1750] BARON COURT OF STITCHILL 199
Robert Brown schoolmaster in Stitchill was appointed
Clerk of the said Barrony.
In regard of the scarcity of half pennies it was enacted that Halfpennies
none of the tenents or householders shall for the future be ^'^^'"'^^•
obliged to pay more than one halfpenny for their compearance
or Instrument money.
It is further enacted that none within the Barrony cast any
divots for houses which they put up themselves.
1749 Stitchill May 10. (l^/)
J ... . 1749. May 10.
This day George Linin gardener in Stitchill was appointed
clerk to the Barron Court and Thomas Underwood wright in
Stitchill producing a Commission from Sir Robert Pringle to
be Officer thereof the same was admitted.
1749 Stitchill November 11. (166)
Sir Robert Pringle sitting himself present appointed David ^
Forrest Clerk of this Barron Court.
It is appointed that this Barron Court be observed hence-
forth upon the Saturday immediately preceding the Terms of
Whitsunday and Martinmas without any further intimation.
1750 Stitchill May 12. (167)
Baron Court held. Curia legittime affirmata. '^^°' *^ '"•
Sir Robert Pringle himself being present. Thomas Under-
wood wright in Stitchill and John Hay weaver there were
nominated and appointed Burlawmen in this Barrony having
taken the oath dejideli administratione officii.
1750 Stitchill May 25. (168)
Curia leffittiine affirmata. '^S©. May as.
The which day Nathaniel Middlemost was discerned his Sequestration,
crops and other household furniture sequestrate and put into
be kept by the sheriff clerk of the county, the house or place he is to make use of
for a prison, and that every such prison shall have windows or grates open to
inspection from without, to facilitate visits from friends. As regards civil causes,
it was not to be lawful for the baron to judge in causes where the debt or
damages exceeded forty shillings sterling, other than to the effect of recovering
rents, nuiltures, or services from his vassals and tenants (20 CIco. II. c. 43).
200 THE MINUTES OF THE [1750
the hand of Sir Robert Pringle Bart, of Stitchill for payment
of his rents legal formalities having been observed. By George
Laurie Bayllie.
(169) 1750 Stitchill November 10.
1750, Nov. 10. rpj^^ which day there was an Head Barron Court holden by
George Laurie Bayllie of said Barrony in name of Sir Robert
Pringle.
i^ M°i II ^^^^ Stitchill May 11.
Curia legittivie affirmata.
The which day there was an Head Barron Court holden by
George Laurie Bayllie in name of Sir Robert Pringle of
Stitchill Bart.
i^ Nov ^^^^ Stitchill November 9.
Curia legittime affirmata.
Buiiawmen. The which day there was holden an Head Barron Court by
George Laurie Bayllie whereat John Watson in Stitchill
Mi hi Adam Hyslop and Patrick Wilson Tenents were ap-
pointed Burlawmen in this Barrony having given their oath
defideli.
John Watson ; Adam Hyslop (A. H., his mark) ; Patrick
Wilson ( X his mark).
(172) 1752 Stitchill May 9.
The which day there was a Head Barron Court holden by
George Laurie Bailie of said Barrony in name of Sir Robert
Pringle Bart.
(173) 1752 Stitchill November 18.
Curia legittime affirmata.
The which day Sir Robert Pringle being present appointed
James Dickson Clerk of this Barron Court.
{174) 1753 Stitchill May 19.
Curia legittime affirmata.
The which day there was held a Head Court by George
Laurie Baillie of said Barrony in name of Sir Robert Pringle
Bart.
1757] BARON COURT OF STITCHILL 201
1753 Stitchill November 17. (175)
Curia legittime affirmata.
The which day was held a Barron Court (head) by the
Right Honourable Sir Robert Pringle Barronet.
1754 Stitchill May 25. (176)
Curia legittime afflnnata.
The which day a Head Barron Court was held by George
Laurie Baillie in name of Sir Robert Pringle.
1754 Stitchill November 16. {177)
Ctiria legittime affirmuta.
The which day was held a Head Barron Court by George
Laurie Baillie in the name of Sir Robert Pringle Bart.
1755 Stitchill May 24. (178)
The which day was held a Head Barron Court by George
Laurie Baillie in the name of Sir Robert Pringle.
1755 November 15 Stitchill. (179)
The which day a Head Barron Court was held at Stitchill
by George Laurie Baillie of said Barrony in name of the Right
Honourable Sir Robert Pringle of Stitchill Bart.
1756 Stitchill May 26. (180)
The which day a Head Barron Court was held at Stitchill
by George Laurie Tennent in Queenscairn Baillie of said
Barrony in name of the Right Honourable Sir Robert Pringle
of Stitchill Bart.
1756 Stitchill November 20. (x8i)
Curia legittime affirmata.
The which day a Head Barron Court was held at Stitchill
by George Laurie Baillie in name of the Right Honourable
Sir Robert Pringle of Stitchill Bart.
1757 Stitchill May 2L (184)
Curia legittivie affirinata.
The which day a Head Barron Court was held at Stitchill
202
THE MINUTES OF THE
[1757-
(183)
(184)
Rent of house
5S.
(X85)
Birlayman.
(186)
(187)
by George Laurie Baillie in name of the Right Honourable
Sir Robert Pringle of Stitchill Bart.
1757 Stitchill November 19.
The which day was held a Head Barron Court by George-
Laurie in name of Sir Robert Pringle Bart.
1758 Stitchill November 20.
Curia legittime ajfirmata.
The which day George Laurie Baillie of the Barrony of
Stitchill sitting in judgment decerned and ordained Simon.
Marjoribanks indweller in Stitchill to pay to Sir Robert
Pringle of Stitchill the sum of fifteen shillings sterling as the
three years rent of the house possessed presently by him and
in the meantime ordered the Officer of the Barrony to poynd
and arrest his effects wherever they were to be found within*
the Barrony.
The same day the householders made their compearance
and took Instruments.
1759 Stitchill May 19.
Curia legittime affirmata.
The which day a Head Barron Court was holden at Stitchill
by the Right Honourable Sir Robert Pringle of Stitchill Bart,
when James Hay weaver in Stitchill, William White weaver-
there, and Robert Heymer junior smith there were appointed
Birlaymen in this Barrony having given their oath dejideli.
1760 Stitchill May 24.
Curia legittime affirmata.
The which day John Main wright in Stitchill is decerned to-
pay to William White weaver there the sum of four shillings
sterling due by the said John Main being proven by the pur-
suer'*s oath as also to have his sheep grass till Whitsunday
1761 at which time he is to remove without any further
wairning.
1760 Stitchill November 15.
Curia legittime affirmata.
The which day a Head Barron Court was held at Stitchill
j/^\ B R A ^
f or THE
( UNIVERSITY
^f^UFORJJiti
1 76 J] BARON COURT OF STITCHILL 203
by George Laurie Baillie of said Barrony in name of Sir
Robert Pringle Bart.
The which day the householders made their compearance
by themselves or proctors at this Court.
1761 Stitchill May 23. {1Q8)
Curia legittime afflrmata.
The which day was held ane Head Barron Court at Stitchill
by the Right Honourable Sir Robert Pringle of Stitchill
Bart, when Thomas Sudden and Alexander Wylie indwellers
in Stitchill were appointed Birlawmen in this Barrony having .
given the oath dejtdeli.
1761 Stitchill November 21. (189)
Curia legittime qffirmata.
The which day ane Head Barron Court was holden at
Stitchill by George Laurie Baillie of the Barrony in roume of
Sir Robert Pringle of Stitchill Bart.
Tlie which day the householders within this Barrony made
their compearance by themselves or procurators and took In-
struments of said compearance.
1762 Stitchill May. (190)
Curia legittime afflrmata.
The which day ane Head Barron Court was holden at
Stitchill by George Laurie Baillie of said Barrony.
1762 Stitchill November. (x9x)
Curia legittime afflrmata.
Tlie which day ane Head liarron Court was holden by
George I^aurie Baillie of said Barrony when the tennents and
cottars by themselves or procurators made their a})pearance
and took Instruments accordingly in the clerk'^s hands.
1763 Stitchill May 21. (19a)
Curia legittime afflrmata.
The which day ane Head Barron Court was holden at
Stitchill by George Laurie Baillie of said Barrony.
204. THE MINUTES OF THE [1763
(193) 1763 Stitchill November 19.
Cu7'ia legiWune affirmata.
The which day ane Head Barron Court was holden at
Stitchill by the Right Honourable Sir Robert Pringle of
Stitchill Bart.
BeefiSd. The which day Robert Guthrie tennent in Stichill is
decerned to make payment to Margaret Charteris of the sum
of eighteen pence as the remainder of the price of a side of
beef bought by him from said Charteris as also of sixpence as
the expenses of said Process.
Grass 4s. stg. The which day Isobel Brown relict of the deceast Thomas
Hislop is decerned to pay to Margaret Charteris the sum of
four shillings sterling as the rent of a Summer''s grass in the
Mains and the sum of six pence as the expence of this Process.
Oatmeal los. 3. The which day Jasper Aitchison indweller in Stichill is
decerned to make payment to John Watson tenant in Stichill
Miln of the sum of ten shillings and three pence sterling as
the price of oat meal bought from him as also of the sum of
eight pence as expenses of plea.
(194) Stitchill 1764 May 19.
Curia legittime affirmata.
The which day ane Head Barron Court was holden at
Stitchill by George Laurie Bailie of said Barony.
(195) 1764 Stitchill Nov.
Curia legittime affirmata.
The which day an Head Barron Court was holden by George
r Laurie Baillie of said Barrony when the tenents and cottars
made their usual appearance and took Instruments accordingly.
(196) 1765 Stitchill November 16.
The which day ane Head Barron Court was holden by George
Laurie Bailie of said Barrony when the tenents and cottars
compeared and took Instruments of said compearance in the
clerk's hands.
(197) 1766 Stitchill May 24.
The which day ane Head Barron Court was holden by George
Laurie Bailie of said Barrony.
1769] BARON COURT OF STITCHILL 205
1766 Stitchill November 15. (198)
Curia legittime qffirmata.
The which day ane Head Barron Court was holden at
Stitchill by George Laurie Bailie of said Barrony when all
the tenents and cottars took Instruments of their compear-
ance in the Clerk's hands.
1767 Stitchill May 23. (199)
An Head Barron Court was holden this day at Stitchill by
George Laurie Bailie of said Barrony but there being no
business before the Court it was adjourned till next Court
day.
1767 Stitchill November 21. (200)
The which day ane Head Barron Court was holden at
Stitchill by George Laurie Bailie of said Barrony when the
tenants and cottars compeared as usual and took Instruments.
' 1768 Stitchill May 21. (201)
The which day ane Head Barron Court was holden at
Stitchill by George Laurie Baillie of said Barrony.
1768 Stitchill November 19. {202)
At an Head Court holden this day at Stitchill by George
Laurie Bailie of said Barrony compeared all the tenents and
cottars and paid their fine for the penal statutes as usual.
1769 Stitchill May 20. (203)
The which day the Court was holden as usual but as there
was no business to manage, the Bailie appointed the next
Court day to be on the Saturday before the Term of Mar-
tinmas except when any business conies before them and this
to take place in all time coming.
1769 Stitchill November 18. (ao4)
The which day ane Head Barron Court was holden by
George Laurie Bailie of said Barrony when the tenants and
cottars compeared and took Instruments in the Clerk's
hands.
206 THE MINUTES OF THE [1770
(205) 1770 StitchiU November 19. .
Curia legitti7ne affirmata.
The which day ane Head Barron Court holden by George
Laurie compeared the tenants and cottars and took Instru-
ments of said compearance in the Clerk's hands.
(206) 1771 StitchiU November 16.
Curia legittime affirmata.
This day there was holden a Head Barron Court at StitchiU
by George Laurie Bailie of said Barrony when the tenants
and cottars compeared and took Instruments as usual in the
Clerk's hands.
(207) 1772 StitchiU November 15.
On which day there was holden as usual a Head Barron
Court at StitchiU by George Laurie Bailie of said. Barrony
when the tenants and cottars compeared and took Instruments.
(208) 1773 StitchiU November 20.
At an Head Barron Court holden at StitchiU by George
Laurie Bailie of said Barrony compeared the tenants and
cottars and took Instruments in the hands of the Clerk.
(209) 1774 StitchiU November 19.
Curia legittime affirmata.
The which day William Wilson tennent in Bailie Knowe
was appointed Bailie of the Barrony of StitchiU by the Right
Honourable Sir Robert Pringle of StitchiU Bart.^
The which day also the tenants and cottars of the Barrony
compeared and took Instruments of their compearance in the
hands of the Clerk.
(210) 1775 StitchiU November 18.
At an Head Barron Court held this day at StitchiU by
William Wilson Bailie of said Barrony all the tennents and
cottars by themselves or procurators compeared and took In-
struments in the Clerk's hands of said compearance.
^ Last appearance of Sir Robert Pringle. He began presiding on 8th
November 1721.
ii/Si] BARON COURT OF STITCHILL 207
1776 StitchiU November 16. (211)
Curia legittime afflrmata.
This day ane Head Barron Court was held at StitchiU by
William Wilson Bailie of said Barrony in whicli compeared
the tennents and cottars as usual and took Instrument in the
Clerk's hands of their compearance.
1777 StitchiU May 24. ^^^^^
The which day an Head Barron Court was held at StitchiU Biriaymen.
by William Wilson Bailie of said Barrony when Richard
Hewatt tenant in Queenscairn William Landreth tennant in
Sweethope and John Dickson tenant in Stichell Mill were
appointed Biriaymen in this Barrony and gave their oaths
•de fideli.
1777 StitchiU November 15. (213)
Compeared this day the tenents and cottars at a Head
Baron Court held by William Wilson Bailie of said Barrony
■and as usual took Instruments in the Clerk**s hands.
(214)
(ais)
1778 StitchiU November 21.
Curia legittime afflrmata.
This day ane Head Barron Court was held at StitchiU by
William Wilson BaiHe of said Barrony when the cottars and
tenants compeared and took Instruments in the Clerk's hands.
1779 StitchiU November 20.
The which day was h olden a Head Baron Court at StitchiU
by William Wilson Bailie of said Barrony at which compeared
all the tennants and cottars and took Instruments in the
Clerk's hands.
1781 StitchiU November 17. (a,6)
Curia legittime affirmata.
The which clay Richard Hewatt tenant in Queenscairn was sir j.unes
appointed Bailie of the Barrony of StitchiU by Sir James **""k1c.
Pringle of StitchiU Bart.^ when the tenants and cottars com-
* Sir James Pringle now presides. Sir Robert last presided upon 19th
November 1774.
208 THE MINUTES OF THE [1781
peared and took Instruments of said compearance in the
Clerk's hands.
(217) 1782 Stitchill November 16.
There was held this day ane Head Barron Court at Stitchill
by Richard Hewatt Bailie of said Barrony at which compeared
all the tenants either by themselves or procurators and took
instruments in the Clerk's hands.
(218) 1783 StitchillJanuary 5.
Curia legittime qfflrmata.
Calumny los. The which day Richard Hewatt Bailie of the Barrony of
^^^' Stitchill sitting in Judgment having heard a complaint given in
by William Fair tenant in Stitchill Miln against Jasper Aitchi-
son in the Barley Mill and Adam Spiers servant to Mr. James
Hogarth tennent in Bailie Knowe for charging him with
keeping the Mill in bad order Which the Judge considering
found that the Charge was groundless and malicious and
therefore fined them both in the sum of ten shillings sterling
each.
(219) 1783 Stitchill November 15.
Curia legittime affirmata.
The which day there was held a Head Baron Court at
Stitchill by Richard Hewatt Bailie of said Barrony when James
Guthrie was appointed Baron Officer when all the tenants and
cottars compeared and paid their fines for the penal statutes.
Hot and throw- John Hislop tenant in Stitchill is decerned and fined in the
los. stg. sum of ten shillings sterling money for a riot and for throwing;
Mary Tain his servant into the fire ex confessione rei.
(220) 1 784 Stitchill November 20.-
Curia legittime afflrmata.
The which day the tenants and cottars compeared at a
Head Baron Court and took Instruments as usual in the
Clerk's hands.
(221) 1785 Stitchill November 19.
The which day at a Head Baron Court compeared the
1 79 1] BARON COURT OF STITCHILL 209
tenants and cottars as usual before Richard Hewatt Bailie of
said Barrony and took Instruments of said compearance.
The which day it was enacted that if any person should be
found breaking through enclosures carrying off pailing, pull-
ing or destroying turnips, they shall be liable to whatever fine
the Judge shall think proper to impose and this Act to be in
force in all time coming.
1786 Stitchill November 18 (222)
Curia legittime affirmata.
The which day at a Head Baron Court held before Richard
Hewatt Bailie of said Barrony the tenants and cottars took
Instruments of their compearance in the Clerk's hands.
1 787 Stitchill November 19. (223)
The which day a Head Baron Court was holden at Stitchill
by Richard Hewatt Bailie of said Barrony at which the tenants
and cottars compeared and took Instruments of said com-
pearance as usual in the Clerk's hands.
1788 Stitchill November 15. (224)
At a Head Court held by Richard Hewatt Bailie of said
Barrony the tenants and cottars compeared and paid their
fines for the penal statutes.
1789 Stitchill November 21. (225)
The which day was held a Head Baron Court as usual
when the tenants and cottars paid their fines for the penal
statutes.
1790 Stitchill November 20. (2a6)
At a Baron Court held this day tlie tenants and cottars
compeared and took instruments in the Clerk's hands of said
compearance.
1791 Stitchill November 19. (227)
A Baron Court being held here this day by llichai-d Hewatt
Baron Bailie the tenants and cottars compeared and paid their
fines for the penal statutes.
2J0 THE MINUTES OF THE [1792
(228) 1792 Stitchill November 19.
At a Head Baron Court held this day by Richard Hewatt
Baron Bailie of the Barony the tenants and cottars compeared
as usual and took Instruments of said compearance in the
Clerk's hands.
(229) 1793 Stitchill January 19.
The which day at a Court holden by Sir James Pringle
Bart, of Stitchill Mr. Alexander Linen was appointed Bailie of
said Barony and gave his oath dejideli administratione as also
John Dods tenant was appointed Baron Officer and gave his
oath in due form.
(230 1793 Stitchill April 20.
The which day Mr. Alexander Linen sitting in judgment de-
cerned and ordained William Kennedy residing in Hareheught
to make payment to Mr. George Mill tenant in Sweethope of
the sum of one pound one shilling sterling being due to the
complainant conform to an account given in by him and the
said William Kennedy having paid the same is hereby
assoilzied.
Snuff-mill. The same day also Thomas Haig in Stitchill SnufF-Mill is
decerned to pay to William Immery inn-keeper in Stitchill
the sum of six shillings and eight pence due to him for several
articles bought from him at different times with a fifth part
more as expenses of Process.
(231) 1793 Stitchill November 16.
Curia leg'ittime afflrmata.
Fines for non- The which day the Bailie having called a Head Baron Court
according to custom for all the tenants and cottars within the
Barrony of Stitchill to pay to the Clerk of Court the sum of one
halfpenny sterling for each householder in said Barrony But
in respect the persons after named had failed to appear and
pay the same the Bailie hereby decerns against each of them
in the payment of one halfpenny viz., — James Hogarth, tenant
in Baillie Knowe, George Mill, tenant in Sweethope, Alexander
Smith, tenant in Legars, George Boyd, tenant in Stitchill East
Mains, Thomas Waugh, tenant in Caldron Brae, and Peter
1796] BARON COURT OF STITCHILL 211
Simson, tenant in Parkend, and amerciats the said James
Hogarth, George Mill, Alexander Smith, George Boyd,
Thomas Waugh and Peter Simson and each of them in the
sum of two shillings and sixpence sterling, for their contempt
and disobedience in not attending said Court, and orders the
Officer to poynd accordingly.
The which day John Hislop residenter in Stitchill is de-
cerned to make payment to Robert Trotter wright in Hume
the sum of one pound four shillings and six pence as the price
of a pair of cart wheels furnished at Lammas 1785 and interest
thereon since the same fell due with a fifth part more of ex-
penses of Process.
1794 Stitchill November 15. (232)
Curia leglttime affirmata.
The which day a Head Barron Court was held by Alexander
Linen Bailie of the Barony when most of the tenants and all
the cottars appeared and paid one halfpenny to the Clerk
being their usual fine for the penal statutes and there being
no other business the Court was adjourned till next Court
day.
1795 Stitchill November 21. (233)
Curia legittirne affirmata.
The which day a Head Baron Court was held by Alexander
Linen Bailie of the Barony when the tenants and cottars
appeared and paid their usual fines for the penal statutes.
The same day George Boyd tenant in Eastfield was decerned com destroyed
to pay to William Downie tenant in Running Burn the sum of '*" ^'^"
one pound twelve shillings sterling for corn damaged and
destroyed by his cattle in September and October last bvpast
Also William Downie was decerned to pay to George Boyd
the sum of twelve shillings sterling for corns also destroyed by
his cattle in September last.
1796 Stitchill November 19.
Curia Ic^'ittimc qffinnata.
The which day a Head Baron Court was held by Alexander
Linen Bailie of the Barony when all the tenants and house-
(a34)
212 THE MINUTES OF THE [1796
holders bv themselves or others in their name compeared and
paid their fine for the penal statutes and there being no other
business before the Court it was adjourned till next Court
day.
(235) 1797 Stitchill November 18.
Curia legittime affirmata.
The which day a Head Baron Court was held by Alexander
Linen Bailie of the Barony at which all tenants and house-
holders by themselves or otliers in their name compeared and
paid their fine for the penal statutes and as there was no
other business before the Court it was adjourned till next
Court day.
(236) 1798 Stitchill House November 16.
The which day James Heymer smith in Stitchill was
appointed Birlayman of the Barony of Stitchill by Sir James
Pringle of Stitchill Bart, and gave his oath de fldeli adminis-
tratione.
(237) 1798 Stitchill November 17.
Curia legittime affirmata.
The which day a Baron Court was holden at Stitchill
by Alexander Linen Bailie of said Barony when all the
tenants and cottars and householders paid their fine for the
penal statutes and there being no other business the Court was
adjourned till next Court day.
(238) 1799 Stitchill November 16.
Curia legittime affirmata.
The which day a Baron Court was held at Stitchill by Alex-
ander Linen Bailie of said Barony when all the tenants cottars
and householders paid their fines for the penal statutes and
there being no other business the Court was adjourned till next
Court day.
(239) 1800 Stitchill November 15.
Curia legittime affirmata.
The which day a Baron Court was held by Alexander Linen
i805] BAROxN COURT OF STITCHILL 213
Bailie of said Barony when Mr. Thomas Douglas Schoolmaster
of Stitchill was by Sir James Pringle appointed Clerk of this
Court.
The tenants, cottars and householders paid their fine for
the penal statutes as usual and as there was no other business
the Court was adjourned till next Court day.
1801 Stitchill November 21. (240)
The which day a Baron Court was held by Alexander Linen
Bailie of said Barony when the usual business being finished
the Court was adjourned till next Court day.
1802 Stitchill November 21. ;24i)
The which day a Baron Court was held by Alexander Linen
Bailie of said Barony when the usual business being finished
the Court was adjourned till next Court day.
1803 Stitchill November 19. (242)
The which day a Baron Court was held by Alexander
Linen Bailie of said Barony when the usual business being
finished the Court was adjourned till next Court day.
1804 Stitchill November 17. (243)
The which day a Baron Court was holden by Alexander
Linen Bailie of said Barony when the usual business being
finished the Court was adjourned till next Court day.
1805 Stitchill November 16. (244)
Which day a Head Court was held. Messrs Peter John- ^''"^5 for non-
stone, Sweethope, George Johnstone, Eastfield, James Hogai-th, '
Baillie Knowe, were attending their duty as yeomen which
was sustained as a sufficient reason for their being absent but
Messrs Henry Scott, Hardie's Mill Place, James Maclaurin,
Parkend, Alexander Smith, Legars, llichard Hcwatt, Queens-
cairn, and William Downie, Runningburn, failing to appear
or any person for them, were ordered to pay the sum of two
shillings and six pence sterling each for contempt of said
Court Which sums the Baron Officer is to collect immedi-
ately. The other tenants, cottars, and houselioldei's, took
^14 MINUTES OF BAROxNY OF STITCHILL [1805-7
Instruments in the Clerk's hands of their appearance and the
Baron Officer was ordered in time coming to intimate to the
several tenants of this Barony and residing in this village of
Stitchill when the Head. Court is to be holden at least one
week before it takes place. There being no other business before
the Court it was adjourned till next Court day.
(245) 1806 Stitchill November 15.
Fines for non- Which day a Head Court was holden when Messrs
attendance. g^^^^^ Hardie's Mill Place, Maclaurin, Parkend, Hewit,
Queenscairn, Downie, Runningburn, Johnstone, Eastfield, and
Johnstone, Sweethope, failing to appear or any for them
were ordered to be fined the sums of half a crown each.
The rest of the tenants and cottars having appeared and
paid their fines the Court was dismissed till next Court day.
(246) 1807 Stitchill November 21.
This day a Head Court was held when the tenants and
householders appeared and paid their fines and there being no
other business before the Court it was adjourned till next
Court day.
APR I.] CRIMES AND OFFENCES 215
APPENDIX I
CRIMES AND OFFENCES
The following is a list of the crimes and offences brought before
the Baron Court during the one hundred and fifty years covered
by the Records. In a pastoral country abstracted multures were
very common. These were the fees in kind which the miller
ought to have received for grinding the corn of tenants thirled to
his mill, but by the tenant's going elsewhere with his com, the
fees were lost to the miller of the barony. One instance occurs
of the contravention of an arrestment laid upon a man's corn.
Several times bridegrooms were fined for obtaining their bridal
bread and their bridal ale from dealers outside the barony to the
loss of the miller. Bridegrooms were fined in addition, if more
guests than the law allows were present at the weddings, or if
unnecessary changes of raiment were made at the celebration.
For the baptism of his children, he might be fined for having too
many guests, and for neglecting to pay the dues of the session-
clerk. The same also at burials, and if the dead were shrouded
in linen and not in woollen. Compulsory education was insisted
on, and defaulting parents were fined. Corn eaten by trespassing
animals had to be paid for ; corn removed from the fields before
paying teind or tithe had to pay its teind, in addition to its owner
being fined. Sharping corn had to be paid to the blacksmith as a
fee for sharpening implements, else a fine was exacted. Con-
tempt of Court was not a rare occurrence ; nor was the cutting
of trees ; and at times the stealing of corn from one's neigh-
bour's rig.
There are but two references to drunkenness, which is curious ;
and a great many to the deforcing of the barony officers,
and one only to the desertion of service by a servant. Kayn
fowls had to be paid as rent in kind to the lady of the mansion ;
geese must not be trespassers ; and herds must not herd their
own animals apart from those under their charge.
Of housebreaking there is but one ciu»e.
216 BARON COURT OF STITCHILL [app. i.
Regarding the relationship of the kirk session with the Baron's
Court, more than one intimation was made that the Baron would
compel the observance of the decisions of the kirk session. Of
being bound over to preserve the peace, two instances are given ;
and several of lawburrows being demanded. Lint must not be
steeped in lochs and burns, nor exposed while being dressed to
risk of catching fire, and for contravention of these orders fines
were exacted. The Sumptuary Laws must be observed. Muck
must be properly carried to the land. The millstone-silver must
be paid ; so also the share of the expense in bringing home the
millstones. Thirlage both to the corn-mill and to the waulk or
fulling mill was the source of much irritation, and its infringe-
ment was always punished by severe fines. Orders to remove
were given to undesirables ; and opprobrious speeches promptly
fined. A man might clear himself from a charge by taking the
oath of verity, whereby he was purged from the offence alleged.
Only ance were a pauper's effects sold. Three references only are
found relating to corporal punishment ; and a few to poinding
goods, poaching, keeping the peace, profanation of the Sabbath ;
and several to riots and assaults to the effusion of blood. Once only
was a man accused 'that he had helped up with the dead,' and
that seemingly falsely. Sensuality, swearing, scolding, and
scandal were all punishable ; and for these, mention is made of
the stocks twice. Trespass both of man and beast was fineable ;
so also for the improper tilling of the land ; the cutting of whins ;
etc. The old Scots term for fining was being ' unlawed and
amerciat,' and this was the commonest punishment for most
offences. Witchcraft was dying out, as there is one reference
only to a witch. Such were the offences and crimes brought
before the Baron's Court of Stitchill in the seventeenth and
eighteenth centuries.
APPENDIX II
TIMES OF MEETING OF THE BARON'S COURT
In 1655 the Court met four times; in l656 twice; in l657
thrice; in 1608 thrice; in l659 twice; in l66'0 twice; in I66I
once; in 1662 twice; in 1663 four times; in l664 thrice; in
1665 twice; in I666 four times; in l667 thrice; in I668 twice;
in 1669 twice; in l670, l671, and l672 once in each year; in
APP. III.] PROPER NAMES IN THE RECORDS 217
1673 thrice; in l674 twice; in l675 twice; in 1676^ l677, l678,
and 1679 once only in each year; in I68O tlirice ; in 168I twice;
in 1682 once; in l683 twice ; in l684, lb'85, and I686 once only
in each year ; there is no record of a meeting in l687 or in l689 ;
or in 1690. There were two meetings in I691 and I692 ; one in
1693; two in 1694; two in 1695; four in I696; four in l697 ;
three in I698 ; three in l699; and one in 1700. There was no
meeting in 1701 ; there were two in 1702 ; two in 1703 ; two in
1704; two in 1705; one in 1706; two in 1707; three in 1708;
one in 1709; one in 1710; one in 1711; two in 1712; two in
1713; two in 1714; two in 1715; three in I7l6; two in 1717;
three in 1718; one in 1719; one in 1720; one in 1721; two in
1722; three in 1723; one in 1724; one in 1725; none in 1726;
and two in 1727. ... A blank of eight years occurs at this point.
In 1735 there were four meetings; two in 1736; five in 1737;
three in 1738 ; three in 1739; one in 1740. ... A blank again
occurs. There were two meetings in 1744; and one in 1745;
and one in 1746. . . . Another blank occurs. In 1748 there was
one meeting; in 1749 three; in 1750 three; in 1751 two; in
1752 two. There were two yearly after this date until 1758 and
1759, in each of which there was but one. In 1760 to 1764 there
were two in each year. In 1756 there was one. In 1766 to 1769
there were two in each year. From 1770 till 1776 there was but
one in each year. In 1777 there were two. In 1778 one; in
1779 one; in 1780 none; in 1781 one; in 1782 two; in 1783
one ; in 1784 one; and one in each year till 1793 in which year
tliere were three. Until 1797 there was one meeting in each
year; and in 1798 there were two; and one annually thereafter
until the end in 1807.
APPENDIX III
LIST OF PROPER NAMES OCCURRING IN THE
RECORDS OF THE BARONS COURT
Armstrong, Alexander, Aitchison, Aitken, Allane, Anderson,
Aldcorne, Ackae, Archibald, Adam, Archer, Aymers.
Blaikie, Hlackie, Bromfild, Bowtoun, Black, Bairnsfather, Bell,
Bogge, Boyd, Burne, Brown, Brocky, Brunton, Bougall,
Bosuall, Brownlies, Baillie, Beveridge, Bruntfield.
218 BARON COURT OF STITCHILL [app. hi.
Campbell, Cossars, Clapperton, Charterhouse, Crottar, Ceddy,.
Cottersone, Cranstoun, Courtney, Cowan, Cromby, Concurr,.
Corbraith, Cudbertson, Cuthbertson, Crawford, Charteris,.
Currie, Clarke, Cramont, Cairncross, Cairncroft, Cannon-
heid.
Donaldson, Dickson, Dows, Dodds, Dawson, Duncan, Douglas,
Davidson, Dasen, Downie, Dowglas.
Elliot, Eiston, Eixton, Easton, Eliot, Edgar, Edmiston.
ffrenche, flfairbairne, ffrothem, fFoord, fForrest, ifair.
Given, Guttraw, Galbraith, Gibson, Greenknowe, GifFen, Gutter-
sone, Gray, Grieve, Gottrae, Gaffine, GifFan, Greraslie, Geills,.
Galbrath, Gillespy, Gib, Gregor, Gardiner, Glasgow, Givan,.
Gardner, Garner, Gill, Greig, Guthrie,
Hamilton, Hoggeard, Hogge, Hall, Henrison, Hopper, Hunter,.
Hute, Hope, Hoggearth, Halyburtone, Handyside, Hutsone
Hendersone, Herd, Hammiltoune, Hennry, Hislop, Hill,.
Haliday, Hoggeart, Hagger, Hallie, Hyslop, Heymers,
Hairly, Hay, Hewatt, Haig. , .
Inglis, Innes, Ingles, Immeny.
Jamieson, Johnston, Japhrae.
Ker, Keith, Knox, Kennedy.
Lowry, Lamb, Lennox, Learmont, Lillie, Lambe, Lidgait, Leith,.
Leithheid, Lirmen, Lee, Litel, Lindores, Locke, Lithgow,
Lathead, Ladla, Linen, Laidley, Landreth, Lawson,
Linning.
Muirhead, Moffat, Mylle, Macdowell, Maisson, Marshall, Mag-
dowall. Mill, Mein, Millar, Murdy, Matthew, Mather, Mit-
chell, Marjoribanks, Meikle, Macgregor, Manders, Mack,.
Madder, Middlemost, Main, Maclaurin.
Nizbet, Nissbet, Newton, Neill.
Ormiston.
Pringle, Pearson, Patterson, Prestoune, Pringill, Purves, Pearsone,.
Pattersone, Puntan, Phaup, Potts, Peirson.
Quhyte, Quhiggenshall.
Robesone, Richisone, Ramsay, Reidpath, Rutherfoord, Robertson,
Richardson.
Sraythe, Smith, Stevison, Stott, Scott, Starke, Swanston, Service,
Stewart, Sked, Sinclair, Small, Steill, Steinson, Scougall,
Simm, Sklaitter, Sheill, Sim, Short, Scot, Sraitton, Simson.
Turnbull, Tailzieour, Trottar, Thomsone, Turner, Turten, Taylor,
Tain.
APR IV.] ARCHAIC WORDS 219
Urmiston, Underwood^ Utterstone.
Vair.
Windrim, Wilson, Wood, Welshe, Wady, Weddel, Watsone,
Whyte, Walker, Willobie, Waitt, Watts, War, Weir, Whytlie
Waitt, Whale, Waddell, Waugh.
Young, Younger, Yeaman.
APPENDIX IV
SOME ARCHAIC AND PROVINCIAL WORDS OCCUR-
RING IN THE FOREGOING MINUTES
Allenarly. Only, solely.
Amerciaments. Fines.
Attour. Over, beyond ; ' by and attour,' 'over and above.'
Axetries. Axle-trees, axles.
Barroun, bairoun, baron. The word in the sense in which it is
applied to the owner of Stitchill estate does not necessarily
mean a nobleman. The original meaning of the word is here
used, such as a strong man, one who can bear (from Gothic,
heran, to bear). Such a baron held land by honourable
service, and was a baron by tenure, not by nobility, nor by
patent. He presided over the court of his barony; and in
earlier times had power of pit for drowning women, and
gallows for hanging men, including the lesser punishments
for crimes of lower degree.
Bailive, bailzie, balive. The ' bailie or bailiff who administered
the decrees of the baron, and held courts in his absence.
Baulk. A ridge or strip of land left unploughed, separating two
ploughed portions.
Bedded the kiln. Either spread the grain in proper position to
be dried, or spread the fuel properly for combustion.
Beir, bear, here. Barley having four rows of grain.
iiloodwyte. A fine for the shedding of blood.
Boll. A dry measure whose quantity varied in different districts.
A boll of oats, barley, or potatoes contains six bushels. A
boll of meal is equal to 140 pounds avoir. The boll is
divided into four firlots.
Bountith, bounty. Something given to a servant over and above
legal wages.
220 BARON COURT OF STITCHILL [app iv.
Bourlawmen, birlaymen. The petty officers of a burgh of barony,
parish arbiters, referees^ petty jurymen.
Boukail. Cabbage.
Cairiages, carriadges. The carryings of loads by the tenant, as
part of his service to the laird. They might be borne either
by horse or by cart.
Calsayend. One of the tenants was thus distinguished from other
tenants of the same name, as living at the end of the cause-
way. A causeway was either paved or laid with cobble stones.
In the south country, some of the vestiges of the Roman road
show these causeways to this day.
Capful. The fourth part of a peck, a forpit, a lippie.
Claik hackit cow. A cow besmeared and rugged.
Couper, coupper, cowper. A cooper for making ale barrels ; also
a dealer in horses.
Cowan. An irregular mason who has not undergone an
apprenticeship.
Coupurall. A corporal in the army or militia.
Dunments, " dinmonts. Wedders from the first to the second
shearing.
Ennle sheitt. A sheet provided by a bride for the occasion of her
marriage, and used at the last as a shroud.
Entreis money; also gersoume. A sum paid by a tenant to a
landlord at the entry to a lease.
Ferme beir. Bere or barley paid as part of rent or ferme.
Fulle. A firlot or bushel of grain.
Girst, grist. Grain that is bound to be ground at the mill to
which the land is thirled.
Hirsell. A flock of sheep ; but in the text the name of a Border
estate.
Husbandland. About twenty-six acres of land ; as much as might
be tilled by a plough, or mowed by a scythe.
Hummle-corn. Grain wanting the beard, such as pease ; also three
bolls barley and one of pease made into meal ; also a lighter
grain that falls from the rest when it is fanned.
Hynde, hind. A cotter who works the land,
jajvi^. jaj is a corrupted form of 1 m, for one mille, one thousand ;
vi stands for six ; and the small c for centum. This was a
cumbersome method of stating the sixteenth century : the
number of the year had yet to be added to the century.
Kain, kayne. Fowls, generally hens, paid to the landlord as
APP. v.] PRICES OF CHIEF ARTICLES 221
rent in kind. It is still paid in Peeblesshire and other
districts.
Kitchen. Anything eaten along with bread — herrings, for instance,
as in the text.
Littet, dyed. Litster, dyer.
Master. Fermenting liquid used in fulling cloth.
MayneSj mains. The farm attached to a mansion-house, a home-
farm.
Melder. The quantity of meal ground at once. 6 bushels =1 bow,
10-30 bows=l melder.
Merk. A coin equal to 1 3s. 4d. Scots ; or 13 pence and a third stg.
Myllestane-silver. Money paid by tenants either toward the
cost of a mill-stone, or as payment of a substitute to assist in
bringing home the mill-stone.
Pundler, poundler. A bourlaw-officer, a distrainer, a poynder.
Rowme. A possession in land ; also accommodation in the mill ;
one's turn while waiting to have one's corn ground.
Sheilling. Grain from which the shell or husk has been removed
in grinding — the husk thus removed being known as schilli-n-
seed.
Socneid. The right of a baron to hold court in his own domain.
Swingleing. Separating flax from the pith or stalk by beating.
Thrave. Twenty-four sheaves of corn, equal to two shocks or
stooks.
Wins. The quantity of standing corn that reapers can take before
them.
APPENDIX V
PRICES OF CHIEF ARTICLES
Bcir, Beans.
1 Boll, 10 merks. 1 peck, 26sh,
4 Bolls, £20.
1 Boll, XI 1.
1 Boll, £8.
1 Boll, £7.
1 Boll, £3. 15.
2 Fulls of Beir, r)Gsh. Oats.
1 peck, 8sh. 1 Boll, 5 marks
Malt,
Two and a half Bolls, £10. 5s. 8d.
1 Boll, £(). K).
6 fulls, £14. 14.
222
BARON COURT OF STITCHII.L [arp. v-
1 Boll, £6, £10. 9s. £9. l6s.
£6. 10s. £4>. 10s.
7 fulls, £7. 14s.
1 peck_, 10s.
Oalmeal.
21 pecks, £9
5 pecks, £8.
1 peck, 30sh.
3 pecks, £S.
3 pecks, 44.sh.
1 peck, 36sh.
half peck, 7 pence.
1 full, £3, 8sh.
1 boll, £12.
1 load, £27.
Peax.
1 Boll, £13.
1 Boll, £11.
1 Boll, £10. 10s.
3 caps, 3 shillings.
1 peck, 24sh.
6 fulls, £7. 4sh.
2 fulls, £3. 4sh.
Rye.
A Boll, £6. 6. 8d.
Shoes.
38sh.
2 pairs 58sh. 8d.
FINES
Blood and Bloodwyle.
£4, £10, £12, £24, £25, £50.
Riots.
40sh.
£5 and Stocks.
£10.
20sh.
£5 and corporal punishment.
£10 (riot deforcement).
Various.
Scolding, 40 pence, £5.
Blasphemy and Scandal, 20sh.
Provocation, 5sh. 20sh. 50sh.
Unteinded corn or peas, £10.
Absence from Court, £5.
Breaking lock, £5, £10.
Contempt of Court, £5 and cor-
poral punishment.
Deforcement, £5.
Opprobrious speeches, 30s.
Calling names, £3, £50, £10,
and kirk session.
Refusal of service, £40.
Cutting ash-tree, £10.
Cutting fir-tree, 1 sh.
RENTS
Cothouse, £3 with four kayne 30sh. with three hens, or 15sh.
hens. £3 with three hens. with 5 days' spinning.
1 day's threshiuL ,
3sh.
1 day's spinning, Ish. and 4
pence.
WAGES
Harvest, £14 with 2 fulls Beir
and half full peas.
woman £7. 10.
APP. VI.] BARONS, MINISTERS, SCHOOLMASTERS 223
£]7. 4, ; man and wife,
£12. 5sh.8d.with20sh.
or 64 herring.
Herd, £3 and a cloacker.
Manservant, £5 and harden shirt.
£11. 4sh. with 2 hose,
shirt and old clothes.
£5 with 12sh. for shoes,
and 24sh. for hose.
Summer fee for women, £4.
Winter for boy, 40sh.
Winter fee for woman, £6 with
one ell of linen, harden and
plaid en.
Beadle and Bell-ringer paid by
fees.
Schoolmaster paid by fees and
salary.
Shearing eight and a half days,
man and wife, 39sh. and 10
pence.
Apprentice fee to tailor, £l6.
VARIOUS PRICES FOR VARIOUS ARTICLES
Peat
1 stack, £4. 40 pence with half
peck of beir.
1 and a half stack, 4 merks.
1 stack, 4 merks.
Half stack, £3. 14.
Carriage of peats, £l per 1000.
50 kail plants, 4sh.
1 year's grass equals 1 load of
coal from England.
7 pints ale, 2s. 4 pence.
1 peck hummle corn, 8 pence.
1 pound butter, 4sh.
Cornsacks 48sh., 28sh., 40sh.
1 ell sacking, Ish. 4d.
Ox, £18. 10.
Cow, £17; £l6. 10.; £14;
£24. 11. 6.
Calf, £11. 14.
Dinmont ewes, £l. 7. 9.
Ewe hogg, 40sh.
Meer, £5. 2. ; £26.
Hire of 2 horses to Dalkeith, 4sh.
Iron-graip, 20sh.
Wain-wheel, £7.
1 load lime from Edin., 20sh.
3 and a half ells small plaiding,
42sh.
1 ell harden, 4sh.
1 and a half^ell plaiding, 12sh.,
also 8sh.
1 ell of grey milled and pressed
for 2sh.
1 Qr linen, 3sh.
1 ell linen, lOsh.
Hose, llsh. ; 8sh.
Coffin, grave, and bell, £2, 18, 8d.
APPENDIX VI
BARONS, MINISTERS, AND SCHOOLMASTERS DURING
THE PERIOD INCLUDED IN THE RECORDS
1 655, January 8. Walter Pringle of Greenknow, uncle of the
young laird, and acting for him.
1659, undated, Robert Pringle. (• ftirste Courte halden be himselfe.')
224 BARON COURT OF STITCHILL [app. vil
1688, December 29. The Baron styled Sir Robert for the first time.
1692, September 5. Sir John Pringle, 2nd Baronet.
1718, June 14. Robert Pringle, fiar of Stitchill having commission
from his father. Sir John.
1718, November 15. Sir John Pringle as formerly.
1721, November 8. Sir Robert Pringle, 3rd Baronet.
1774, November I9. Last mention of Sir Robert.
1781, November 17. Sir James, 4th Baronet.
MINISTERS
David Starke, A.M., l648. John Glen, 1719.
Andrew Darling, A.M., l683. Alexander Home, 1734.
John Glen, I691. George Redpath, 1743.
Andrew Scott, 1773.
SCHOOLMASTERS
James Lennox, November 27, Andrew Whale, January 26,
1655. 1722.
Thomas Halyburtone, December John Beveridge, May 15, 1736.
13, 1666. John Smith, November 1740.
John Turner, May 17, l673. Robert Brown, November 8,.
Thomas Underwood. 1746.
William Keith, October 20, Thomas Douglas, November 15,
1688. 1800.
William Wilson, May 28, I698.
APPENDIX VII
SOME NOTES ON MEMBERS OF THE PRINGLE
- • FAMILY
Walter Pringle of Greenknow : Covenanter.
He was the second son of Robert Pringle the first laird of
Stitchill.
He was born in the year 1625, probably at Stitchill Hall. One
of his childish recollections was finding himself very much drawn
toward God at the north-east end of the Hall before there was any
new building or garden there.
From the age of seven or eight until twelve or thirteen he was
kept under convictions, the love and fear of God ruling his heart in
APR VII.] THE PRINGLE FAMILY 225
some measure. At the age of eleven, his ' precious brother ' went
with him to StirHng, where he was taught for a year or two by the
eminent and pious minister Mr. James Lockie, who had no church
at the time as he would not conform to Episcopacy. And though
making no progress in learning after the death of this worthy
tutor, yet he was kept in the love of powerful preaching. And at
Lilliesleaf he was wont to feel refreshed by the preaching of his
next teacher, Mr. Thomas Wilkie, minister there, who ofttimes shed
tears while preaching. At that time, when he was about thirteen,
nine or ten other young people bound themselves together in a
bond of brotherhood and love, as well as engaged themselves
to the National Covenant. But in l639, when at Leith school,
youthful lusts and corruptions began to prevail over him, being
stronger than the grace of God.
Two years at Edinburgh College followed ; then five more years,
partly spent at home and in the Civil War. After two years spent
in France, Walter Pringle returned home, being now about twenty-
three years old. During all the time of his ' fearful going astray,'
he had a love to the godly, and a high esteem for his worthy
brother John, whose memory ever remained sweet to him. The
brothers had a loving parting when Walter set out for France ; and
within a year thereafter he was stricken with grief at the death
of this beloved elder brother. It was in the month of June l648
when Walter returned from the Continent that his father, Robert
Pringle, pressed him to marry. He was now twenty-three. He
first saw the lady who was destined to become his wife at the house
of Blackhaugh, where she was staying with her brother-in-law
Pringle of Whitebank, and his affections went out to her. Walter
had been at Edinburgh along with his father, who hearing that his
brother of Newhall was sick, sent his son Walter to Newhall to
inquire after his health. Pringle of Whitebank coming to New-
hall, brought young Walter away with him to his house of Black-
haugh, where the lady was dwelling at the time. In all which
Walter saw the hand of Providence.
Notwithstanding the fears of the anxious lover, the Laird of
Stitchill did not oppose the choice of this his younger son. He
journeyed to the capital on account of this and other business ; but
before the laird had even met with any of the young lady's
friends, he was seized with illness, from which he died within
fourteen days, in May 1()49.
Walter was thus left bereaved of his elder brother and now of
BARON COURT OF STITCHILL [app.vii.
his father, at the age of twenty-four having the care of his
brother's eight children and his sister's son.
Five months after the death of his father, Walter proceeded in
the matter of his marriage. During that period, he had passed
through a Communion season of three days at Lauder, during which,
although the young lady was present also (the last Communion
that Mr. James Guthrie was to hold there), the young enthusiast
gave little thought to her ! Mr. Guthrie had inquired at his young
friend whether there had been any work of grace in the young
lady's heart; and this was revealed during an illness through
which she now passed, in which she spoke freely of her soul's
concernments, whereby the working of the Lord did fully appear
to Walter, and the last of his scruples was removed.
In November 164.9, Walter Pringle married this lady Janet,
second daughter of James Pringle of Torwoodlee. The ceremony
took place at Stow, Mr. James Guthrie being the celebrant. His
wife remained at Torwoodlee about six months and thereafter
came home to Stitchill, where the couple remained five years with
his mother Katharine Hamilton, widow of the first laird. Five
of his brother's children were under their care; one of them,
Eliza, having gone to her own mother, and two younger sons
having been removed by death. Mr. James Aird, probably their
tutor, was also of the household at Stitchill. During this time
they had ' a very loving, sweet and peaceable society/ Until the
English Army came into Scotland, Walter Pringle was greatly
taken up with lawsuits on behalf of his pupils, he being always
defender, and consequently much away from home. After the
English came in, he joined the army, leaving his mother, wife
and children at Edinburgh. He seems to have been present at
the Battle of Dunbar, where also another Stitchill man was pre-
sent ; and after that defeat, he brought the ladies and children
home to Stitchill. He remained at Stitchill with his wife until
their eldest child Katharine was born on November 10, I666. On
the following day a party of English came in and occupied all
that part of the country, whereupon Walter Pringle went and
remained for about eight days at Torwoodlee.
One night he returned to Stitchill along with the laird of Tor-
woodlee in order to see his wife, and on the way back they en-
countered an Englishman upon horseback. The man did not sue
for quarter, and there being some difficulty in carrying him
prisoner to the Scottish army, Walter killed him. ' But what of
rashness was herein, I believe assuredly that the Lord my God
hath pardoned it.'
APR VII.] THE PRINGLE FAMILY 227
He went to Glasgow and consulted his worthy friend Colonel
Gilbert Ker and continued his journey to St. Johnstoun. He
took advice also at Stirling from Mr. James Guthrie as to his own
and his pupils' affairs. He had hardly been eight days at
St. Johnstoun when news arrived of the total defeat of Colonel
Ker's forces at Hamilton. But he remained there until Edinburgh
Castle was to be surrendered to the English when he departed
for Edinburgh, his own and his pupils' writs being secured in the
Castle. He then returned to Stitchill, but the English having
been informed as to his whereabouts, Pringle went over the
Border into Northumberland, remaining for a few days in the
house of his cousin Major Pringle.
The man whom Walter had slain had many friends who vowed
to be avenged on his slayer. Accordingly a troop of horse came
and took him prisoner and kept him for the first night at Darnick.
Reading the Hundredth Psalm brought him much joy and peace.
His mother-in-law came to see him next day ere he was carried to
Selkirk and examined by Major Robertson, to whose regiment the
slain man belonged. His plea was defence of his country from
the invasion. Afterwards he was liberated on bail of £2000
sterling given by Torwoodlee and Whitebank. All this time
Mr. James Aird was most solicitous for his safety, and journeyed
many miles soliciting the chief officers on his account. Yet
with little assurance, even Lord Warristoun advising him not to
compear.
At last the chief officers consented to refer the matter to the
captain of the slain man's troop, to whom Walter's mother paid
£150 sterling, as she thought for the man's friends. Mr. Aird
was the agent in the business at Torwoodlee, Walter remaining
passive, being assured spiritually that all would go well.
He seems now to have enjoyed a certain amount of freedom,
and in l651 became a constant hearer of * that lively man* Mr.
John Livingstone, going every Sabbath day from Stitchill to
Ancrum, having many a sweet hour by the way. (In l663
Mr. Livingstone was banished from the kingdom by the Lords of
the Council.) Walter was debtor more than he could express
to this worthy man, having sweet fellowship with him and ever
delighting in his company. But coming from Stitchill to remain
at (ireenknow, in March lO'/if), he was no more a hearer of him.
An interval elapses during which one must suppose that Walter
Pringle along with iiis wife and growing family were dwelling at
the Tower of Grecnknow. On the 2(ith September l660 he was
228 BARON COURT OF STITCHILL [app. vil
a prisoner in the Castle of Edinburgh along with Sir Andrew Ker
of Greenhead. At first he was scarcely able to endure imprison-
ment even for a few days, but God trained him up from one step
to another. The next step was his being detained prisoner within
the parish of Gordon; thereafter within the Tolbooth of Edin-
burgh, and finally at Elgin.
On the second day of August l662 he began to write his
Memoirs for the information and spiritual edification of his
children. In them he passes over his sufferings and persecutions
but lightly, enlarging, however, at length upon the spiritual experi-
ences through which he was passing amid them all. They were
begun at Greenknow. On Tuesday the lOth of March, his seventh
child, Walter, was born ; and to him his father addresses some
remarks upon the meaning of his Christian name, in High Dutch
signifying a pilgrim. In October of the same year, it was a great
joy to him that his eldest child Katharine, aged thirteen, was
permitted to make her first Communion at Westruther. Her
aunt Lady Haining had not been spared to see this early Com-
munion of her niece as she passed away on the 28th September
previous. But ' blessed forever be my God, who of his rich free
grace hath so shined upon the families of Torwoodlee and
Stitchill.' In the end of November another aunt of the children's
died, Walter's sister Craigie, who also was able to express
her assurance of mercy and salvation through Jesus Christ.
Another sister of Walter's had become ill on the 15th March
1663, the day of young Walter's baptism, and she passed away
after a year's illness, on the 11th March 1664. She had endured
violent pain most patiently, and for years previously had lived
separated from worldly concerns. A son of hers, Alexander, had
caused her spiritual joy by dying in the Lord ; and during her last
illness she made her son John engage to seek also to become the
Lord's, else he was no son of hers.
This brings this Memoir to the 19th July 1664, on which day he
was summoned to attend the High Commission Court for declar-
ing that he could not own Mr James Straiton for his minister, nor
conjoin in prayers read by the Reader, nor in singing the Conclu-
sion then introduced. On the 21st July, he received sentence
from the Court. He attended the Bishop of Edinburgh on the
8th September, ^but could not take the oath as he tendered it,
viz. without any explanation but the words as they stand.' After
receiving his summons and before compearance (having left the
company he was with upon the Winistraw Law), he prayed
APP. viT] THE PRINGLE FAMILY
earnestly, and then opening the Bible at random selected the first
verse which Providence cast up to him, which happened to be,
'And if we know that he hear us, whatsoever we ask, we know
that we have the petitions that we desired of him.' This
encouraged him a good deal. The Court of High Commission
imposed a fine upon him. On the 24-th of November he was taken
from (jreenknow by three of the Life-guards and a messenger-at-
arms, and was conveyed to Channelkirk for the night, thence on
the morrow to the Tolbooth of Edinburgh. On the following
Thursday the second Court of High Commission, without his
compearing before them, ordered him to find bond that he would
enter himself before the magistrates of Elgin before the 1st of
January following, and to abide within its bounds during the
king's pleasure. And if the fine imposed by the first Court were
not paid by Candlemas, he was to enter within the Tolbooth of
Elgin. Although he had more friends this time than the last, the
bishops carried all before tliem. He was enabled to bear all this
by an assurance given to him on the 22nd October, during his im-
prisonment at his own home, when walking and meditating in the
fields in the afternoon, that God would take his wife and children
off his hands and care for them during any further imprisonment
that might befall them. On the 22nd December l664, he set
forth to go to Elgin, but before reaching Edinburgh, his brother,
Torwoodlee, gave in a petition to the Lords of Council in
Walter's name, who granted him until the last day of the
year, recommending the High Commission to grant him a longer
time.
These remissions were given on account of the delicate health
of his wife ; and upon the 30th January l665 his daughter Anne
was born. On 23rd February the ordinary reading at family
worship was Psalm Fifty-five. They sang Psalm Seven from the
ninth verse to the end, and read the eleventh chapter of Ezekiel.
And he considered the sixteenth and seventeenth verses of the
eleventh of Ezekiel specially suitable to their circumstances.
On the following day, 2 Hh February, Walter Pringle left Green-
know and his aged mother, dear wife and children for Elgin.
The weather north of Aberdeen was severe, and he did not reach
Elgin until the 10th March. His prayer on entering was that he
might not go out until CJod carried him out without sin.
He lay in Elgin Tolbootli until April ()th when another prisoner
was put in beside him, which caused him such discomfort, that on
the morrow the town council without communicating with him
230 BARON COURT OF STITCHILL [app. vii.
removed Pringle to the house whence his meals had come from.
Although he was now free to worship in his new quarters, yet the
ventilation was not so good, a condition that he blamed as
causing soreness of the eyes.
On the 10th of May, his nephew Walter brought the good
news that the prisoner might enjoy liberty within a mile about
the town. This boon having been obtained through the efforts of
the laird of Stitchill and the laird of Haining.
He addresses his children regarding their spiritual concerns
upon the 20th July, and again upon the 31st of the same month.
And on August 31st he tells them that for some weeks past he had
been entertaining himself with the hopes of getting home. Six
days together he was assured by several that liberty was granted ;
but letters arriving on the Saturday previous to writing showed
him the contrary.
On the 21st November 1665, Walter Pringle directed a letter
from Elgin to his household at Greenknow. And on the 30th of
the same month there parted from him a pious minister deposed
for not conforming. He had come from Ross to see other friends
and Pringle. And some one who had come with him said on the
Sabbath that those who had met with so much lenity (no doubt
meaning Walter Pringle) as to be merely confined, when a hard
sentence might have been inflicted, would surely not abuse that
lenity by frequenting the companies of seditious persons, and
meddling with those who were given to changes. ' Thus am I
the scorn of those who are at ease, and the contempt of the proud,
who count it lenity to be a prisoner 124 miles from my family.'
So Walter continued at Elgin, consoling himself by addressing
his children indirectly in his Memoirs. The year l666 began.
On the 6th of January he wrote that on the previous Tuesday,
during the night, the house opposite his dwelling was consumed
by fire. Several times the wind had directed the flames against
his own house, so that it too caught, but did not greatly suffer.
In this, too, Walter saw the hand of God.
At the end of January he was greatly cheered by a letter from his
wife announcing that a good work had begun in their son Robert.
' Upon the 6th of February my friends, by their affectionate
pains, without my knowledge, did procure from the High Com-
mission, the change of my confinement from Elgin to mine own
house, and three miles about, for the payment of £200 sterling,
and a Bond by Stitchill and Tersons, for my peaceable and
inoffensive behaviour/
APR VIL] THE PRINGLE FAMILY 231
' The order came to my hand on the 20th day of February, and
I came from Elgin on the 23rd, and to this place (Greenknow)
on Tuesday last the 6th of March.'
And these things were written at Greenknow on 10th March
1666.
Robert Pringle of Stitchill (First Laird).
He was the second son of George Pringle of Newhall, He
was first designed Pringle of Bartingbush, and was a Writer to
the Signet. Having realised a large fortune from his profession,
he acquired first of all the lands of Templehall in Berwickshire ;
and in l628 he purchased from Sir John Gordon of Lochinvar
(first Viscount Kenmure) the estate of Stitchill in Roxburghshire.
He died in l649, six years before the Records of the Baron Court
begin. Walter of Greenknow referred to above was his second
son. His eldest son, John, predeceased him, leaving behind
him several children, one of whom became Robert, the first
Baronet of Stitchill. Another was Walter of Graycrook, called to
the Bar in 1664, who ably defended the Covenanters in l679 after
the Battle of Bothwell Brig. This Walter of Graycrook must
not be confounded with Walter of Greenknow, also a Covenanter,
referred to antea, who was his uncle.
Sir Robert Pringle of Stitchill (Second Laird ; First Baronet).
He succeeded his grandfather in l649; and in 1667, on the
death of Robert Pringle of Newhall, he inherited Newhall also.
In his youth he was brought up at Stitchill House under the care
of his uncle, Walter Pringle of Greenknow, and in 1683 he was
created a Baronet. He married Margaret, daughter of Sir John
Hope, a Lord of Session, designated Lord Craighall, and had
nineteen children, one of whom (1) John succeeded him.
He had also (2) Sir Walter Pringle of Lochton, admitted advo-
cate in 1687. He became a Lord of Session, as Lord Newhall, in
1718, and was knighted. He died in 1736, when all the other
judges attended his funeral in their robes as a mark of respect.
Sir Robert Dundas of Arniston wrote his eulogy, which was
appointed to be engrossed in the Minutes of the Faculty of
Advocates. Hamiltoun of Bangour also composed an epitaph on
Lord Newhall. (3) The Right Honourable Robert Pringle was
another son of Sir Robert. He was appointed Secretary at War
in 1718. (4) Thomas Pringle, Writer to the Signet, was ancestor
BARON COURT OF STITCHILL [app. vii.
of the Pringles of Edgefield and the Pringles of Weens. His son
was sheriff depute of Banffshire in 1748, and became a Lord of
Session, with the title Lord Edgefield, in 1754. He died in 1764.
Sir John Pringle of Stitchill (Third Laird; Second Baronet).
He was the eldest son of Sir Robert Pringle. He married
Magdalen, daughter of Sir William Gilbert Elliot of Stobbs, and
had four sons and two daughters. (1) Sir Robert the third
baronet. (2) Gilbert an officer in Dragoons. He married Mar-
garet, daughter and heiress of John Pringle of Torsonce. (3)
Walter, sheriff of Roxburghshire. He succeeded to Torsonce on
the death of his brother and never married. (4) Sir John Pringle
the celebrated surgeon.
Sir Robert Pringle (Fourth Laird ; Third Baronet).
He was the eldest son of Sir John Pringle. He married
Katharine, daughter of James Pringle of Torwoodlee, and died
aged eighty-eight.
Sir James Pringle (Fifth Laird ; Fourth Baronet).
He was the eldest son of Sir Robert Pringle. He served first
of all in the Fusiliers, and later commanded the 59th Regiment.
Later, he was colonel of the Southern Fencibles ; and after 1797
commanded the Roxburghshire Yeomanry Cavalry. He was
Master of Works in Scotland; and M.P. for Berwickshire in four
Parliaments. He became also captain of the Royal Archers, the
king's bodyguard in Scotland ; and his portrait as an archer
hangs in Archers' Hall, Edinburgh. He died in 1809- He
married Elizabeth, daughter of Norman Macleod of Macleod, by
whom he had three sons and three daughters. (1) Robert pre-
deceased his father. (2) John who succeeded as fifth baronet.
(3) Norman, major of the 21st North British Fusiliers; and later,
British Consul at Stockholm. He purchased Torsonce from his
father ; but later sold it.
Sir John Pringle (Sixth Laird ; Fifth Baronet).
He was born in 1784, and was second son of Sir James Pringle.
He served for ten years in the 12th Light Dragoons. He married,
first, his cousin Emilia Anne, second daughter of General Macleod
APP. vii] THE PRINGLE FAMILY 233
of Macleod, and had three sons and five daughters. And married
again. Lady Elizabeth Maitland Campbell^, daughter of the first
Marquis of Breadalbane, who had two daughters, — the elder of
whom married the tenth Earl of Haddington. His heir was James
his eldest son. His second son Norman was accidentally drowned
in the Thames. Sir John was the last of the Pringles to reside
at Stitchill.
Sir John Pringle, Baronet.
He was not one of the lairds of Stitchill, but was the youngest
son of Sir John Pringle, the second baronet, and Magdalen Elliot.
He was born, however, at Stitchill House, on the 10th April 1707,
during the period covered by the Baron Court Records. He was
trained for the profession of medicine at St Andrews, Edinburgh
and Ley den; graduating as M.D. at the last, in 1730. After
studying also at Paris he settled in Edinburgh as a physician.
In 1734 he was appointed assistant and successor to Professor
Scott in the Chair of Moral Philosophy. In 1742 he was nomi-
nated physician to the Earl of Stair, Commander-in-Chief of the
British Army; and also physician to the military hospital in
Flanders. He was present at the Battle of Dettingen on 26th June
1743. He became physician-general to the army of the Nether-
lands, whereupon he resigned his appointment in the University
of Edinburgh. During the Scottish Campaign of 1745 and 1746
he was attached to the Royal Forces, and spent the two follow-
ing years with the army on the Continent. After the peace of
1748 he returned to Britain and settled in London, where he was
a member of the Royal Society, and became physician to the
Duke of Cumberland.
He now published the results of his researches in the domain
of medicine, such as those upon antiseptic and septic substances ;
hospital or jail fever ; diseases of the army, etc.
In 1763 he became physician extraordinary to the queen; and
was created a baronet in 1766. He was appointed physician
extraordinary to the king in 1774; and was a member of many
scientific and medical societies. His health began to fail, neces-
sitating his return to Edinburgh. But the rigour of the climate
compelled him to go back to London, where he died in 1782
aged seventy-five. A monument to his memory was erected in
Westminster Abbey. The baronetcy became extinct at his
death.
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BARON COURT OF STITCHILL [app. viii.
APPENDIX VIII
THE ORIGINAL MANUSCRIPT OF THE BARON COURT
RECORDS AND ITS TRANSCRIBER
It is greatly to be regretted that the original Manuscript from
which the foregoing Records have been transcribed has been lost
within recent years, which circumstance renders the preservation
of its contents in the present volume all the more essential and
valuable.
The book occupied a place in the library of Stitchill House,
Sir John Pringle was the last of his family to occupy the former
mansion, which he left about 1840. Thereafter Lord John Scott
became tenant until 1853. The estate then came into the market
and was bought for Mr. David Baird, who was succeeded later by
his brother Mr. George Baird. A new mansion-house in the Scots
baronial style was erected near the site of its predecessor, and
several years later Stitchill village was rebuilt by his widow. Her
only son, George, did not hold the family possessions long, as he
died at New Orleans in 1893. All the estates were then sold,
and that of Stitchill passed into the hands of Mr. James Deuchar.
At this period the Manuscript disappeared. The present owner
states that he never had it in his possession ; nor has any trace of it
been found in connection with the sale of the library and furniture.
But it is to be hoped that the loss is not irrecoverable.
In the year 1878 the Rev. George Gunn, M.A., succeeded the
Rev. Dugald Macalister as minister of the united parishes of
Stitchill and Hume. It was within a very few years of his settle-
ment that his attention was directed to the old records of the
Baron Courts held within the church by the Pringles. He obtained
permission from Mrs. Baird and her son George for their tran-
scription and publication ; and it is from Mr. Gunn's Manuscript
that the present volume has been prepared by Dr. Gunn, one of
his brothers, with consent of the executor, Mr. Thomas Gunn,
advocate. Mr. Robert Renwick, the eminent palseographist,
has contributed valuable assistance in revising all the prooft, to
whom grateful thanks are due. Mr. Gunn passed away on
the 12th of January IPOO, at the early age of forty-eight. He
had been president, and was at the time hon. secretary, of the
APR VIII.] THE MS. AND ITS TRANSCRIBER 237
Berwickshire Naturalists' Club^ and he was becoming a recognised
authority in the sciences of botany and geology. Among his
papers were found the results of considerable archaeological re-
search, from among which a selection was published in a memorial
volume, containing notably, the * Early History of Stitchill/ also
the ' Church of Hume.'
That he never forgot his true vocation — the ministry of the
Gospel — is evident from the address delivered by the Border
litterateur Sir George Douglas when he unveiled a Celtic cross to
his memory in Stitchill, the tribute of George Gunn's scientific
friends : —
' For twenty-one years the Reverend George Gunn lived and
laboured in our midst, in blamelessness, cheerfulness, unselfish-
ness ; thoughtful of others, without thought for himself; those
know it who were of his flock ; we know it who were of his friends ;
helpful, a brother to his fellowman ; a faithful servant of the
Highest ; a type and pattern of the village priest in this God-
fearing land.
' We would not that a memory, pure and bright, entwined with
associations kindly and inspiring, should perish from among us.
And therefore with reverence, with affection , with regret — flowers
of the chaplet laid upon their graves who, victors in life's conflict,
now sleep well — I unveil this memorial of the dead.
' The Cross, the sign and emblem of the Christian life, com-
memorates him fitly.
' May his example live among ourselves, live among those who
shall come after us ; may it long endure, and bountifully bring
forth fruit ! '
INDEX
Absentees fined, 42, 44, 47.
Abstracted multures, 42, 44, 73, 123,
215.
Ackae, Manie, in Home, 104.
Agriculture in Scotland during the
Commonwealth, xvii.
Aimer, Robert, 12.
Aird, James, 226, 227.
Aitchison (Aitchysoune), Alexander,
58.
Bessy, 7.
George, chapman, 122.
fined for Sabbath profanation
and blood wyt, 124-125 ; fined for
cutting rottins, 184.
merchant, fined for a riot,
169.
younger, fined for con-
tumacy, 169.
James, weaver, 90 ; fined for con-
tumacy, 169 ; fined for threatening,
187.
Jasper, 186, 187, 204; fined for
calumny, 208.
John, 60.
Aitken, John, 36, 44, 62.
Margrat, fined for opprobrious
words, 64.
Aldcorne, Jenet, 71.
Ale, xviii, 17, 25, 144 ; regulation as
to the purchase of bridal ale, 43.
Alexander, James, 10,
Jane, 51.
Robert, in Hume, 17.
in Kempflat, 195.
William, 109.
Allan, Richard, flesher in Kelso, 59.
Thomas, tinckler, 38.
Amers Knows, 189.
Anderson, Euphean, 52.
Issobell, 52.
James, fined for a riot, 186.
Jeane, 52.
William, fined for contumacy,
118.
Angry Croft, 191.
Apprentices' indentures, 183, 198.
Apprised corn or oats, 3 and n, 32-34,
46, 57, 76, 11, 81, 82, 84, 85, 89,
104, no, 161, 193, 211, 215.
Arbitration, 39, 49, 53, 58.
Archibald, Mungo, 108, 109, 118, 122,
141.
Armstrong, Allison, fined for assault,
12.
Janet, scandal, 186 ; roup of her
effects, 195.
Assaults, xxiii, 7, 9, 12, 18, 22, 24,
28-31, 36, 38, 39, 47-49, 51, 54,
56, 57, 63, 64, 71, 86, 96, III, 124,
129, 135, 141, 145, 165, 167, 169,
174, 178, 185, 186, 192, 208. See
also Riots.
Aymers, Robert, 196.
Baillie Knowe, 191.
Bairds of Stitchill, 236.
Bairnesfather, Agnes, 7.
Baptismal dues, 103, 215.
Baptisms, sumptuary laws relating to,
97.
Baron Court of Stitchill, jurisdiction,
x-xi, 198 n ; history of the MS., 236 ;
list of proper names in the Records,
217 ; archaic and provincial words,
219 ; crimes and offences dealt with,
215 ; compulsory education, xxiv ;
to support the kirk-session, xxvi ;
marriage regulations, xvi, xxxiv, 22,
215 ; election of jurymen and bour-
lawmen, 1-2 and «, 115, 125, 165,
172, 191, 192, 198, 199; election of
chancellor of inquest, 7 ; election of
pundlers, 8 and «, 37 ; absent jury-
men to be fined, 11, 210, 213, 214 ;
to enforce kirk-session sentences, 21,
33 ; regulation as to the keeping of
geese, 45 ; act anent planting of trees,
49, 50* 113 5 ordinance as to kayne
fowls, 80 ; act anent tenants' service
to the laird, 107 ; manuring, rotation
of crops, etc., no; multures, 112-
INDEX
239
113 and n; laying lint in running
water forbidden, 115, 116, 120, 147 ;
act anent beggars, 135-136 and « ;
the poor, 142 ; acts relating to meal-
makers, weavers, etc., 147.
Beans, 130.
Beef, 204.
Bees, 181.
Beggars, act relating to, 135-136 and «.
Bell, Bessie, 20, 25.
George, 19.
Bell-ringing regulations, 13, 184 and w.
Beltane, 61 and n.
Bere, xviii, 14, 16, 18, 19, 26, 28, 44,
45. 63, 69, 70, 72, 81, 94, 100, 109,
112, 154, 168.
Beveridge, John, schoolmaster, 192-
194, 224.
Bingall, Michael, fined for a riot, 145.
Black, Agnes, in the stocks for an un-
proved charge, 6.
Margaret, fined for assault, 1 1 1 ;
for contumacy, 178.
Blackie, William, in Parkend, 168.
Blaikie, James, 4, 6-9.
Blasphemy, fines for, 4, 5.
Bloodwyt. See Assaults.
Bogge, Joanet, 39.
Boots, 65.
Bosuall, Thomas, herd, 172.
Boundaries, 31.
Bourlawmen, election of. See under
Baron Court.
Bowtoun, Thomas, fined for blas-
phemy, 4.
Boyd, George, in East Mains, 210,
211.
Thomas, fined for rioting and
assault, 47-48.
Brattisone, Johne, in Fallsydehill, 14.
Bread for penny bridals, 22, 215.
Breaking a locked door, 24.
Brewer's Acre, 173.
Brocky, Alisoun, 96, 97.
John, 96.
Bromfield, Anna, 6.
Broomfield, James, fined for a riot,
186.
Robert, tailour, in Home, 6
and n.
Brown, Alexander, weaver, 90.
David, sklaitter, 129, 170.
George, in Hare Heuch, 172.
Issobell, fined for contempt of
court, 176.
John, weaver, 192, 194.
Robert, schoolmaster, 199, 224.
Brownlees, Andro, 181.
Bruntfield, Robert, in Hume, 193.
Brunton, John, 115, 126, 159; fined
for riot, 157.
Burials, bell-ringing at, 184 and n ;
burial in linen forbidden, 159 ;
sumptuary laws relating to funerals,
97.
Burn, Andro, pundler, 60, 64.
John, in Ednim, 129.
Stephen, charged with assault,
47-48.
Butter, 179.
Cairncrose, John, in Queenscairne,
179.
Caldron Brae, 189, 190.
Calf, price of, 68.
Calumny, 64, 104, in, 208.
Campbell, Lady Elizabeth Maitland,
wife of sir John Pringle, 6th of
Stitchill, 233.
James, 2, 7, 14, 15, 19, 20, 44;
fined for assault, 22, 51, 54 ; fined for
keeping swine in summer, 24 ; fined
for scandal, 64.
Cannonhead, Ralph, in Edenmouth,
196.
Carey, sir Robert, warden of the Eastern
Marches, xxxiii.
Carmichael, sir John, warden of the
Middle Marches, xxxiii.
Carriage of goods, etc., 34 and n, 35,
56, 60, 71, 79, 104, 105, 162, 165,
173, 220.
Ceddy, Alexander, fined for straiks and
riot, 31.
Cess, 57.
Charteris, Adam, 144, 155, 156, 160;
fined for a riot, 157.
Margaret, 204.
Church of Scotland and its mode of
worship, xxvii.
Churchyard, tenants to supply a worker
for removing rubbish in, xv, 116-
117.
Clappertoune, Anna, 7»
Coals, 36, 45.
Cockburn, Margaret, 160.
Compulsory education, xxiv, 103 and
», 122.
Concurr, Richard, in Dunse, 61, 77.
Contempt of court, 23, 34, 135, 150,
151, 162, 176, 211.
Contravention of arrestment, 182.
Contumacy, III, 118, 169, 175, 177,
178.
Corbraith, Peter, in Ednam, 78.
Corn, 25, 164.
Corporal punishment, 112 and m, 151.
Cossar, George, 9.
240
BARON COURT OF STITCHILL
Cossar, James, portioner in Hassing-
tone, 54.
Cossars, Marioun, 7.
Cot-houses to be furnished with divots,
131-
Cottersone, Agnes, 34.
Courtney, Elizabeth, 44 and n.
Thomas, 84.
in Fogo, 94,
■ chapman, 86,
William, 57, 60, 61, 66, 93.
Cowan, David, in Ednam, 51.
work, 116 and n.
Cows, price of, 57, 105, 132, 134, 137,
164, 179, 181.
Cramont, Issabell, fined for contempt
of court, 176.
Cranstoune, George, in Nenthorne, 9.
James, 36.
Crawford, Margaret, 123.
William, 122.
Crimes and offences dealt with in
Baron Courts, xxii, 215.
Croftheads, 189, 190.
Croft Hilly, 189.
Croke Quarter, 189.
Cromby, Robert, 53.
Crottar, Jeremy, portioner at Home,
24.
John, 27.
Currie, James, 195.
John, 149, 154, 155.
Cuthbertson (Cudbertson), Henry,
weaver, 90.
Wdliam, weaver, 141.
Darling, Andrew, 224.
Dawson (Dasone), James, in Harper-
town, 78.
in Hume, 54, 57, 60.
John, in Harpertown, 195.
Defamation, 57.
Deforcement, 35, 57, 73, 90, 106, 126,
132, 176, 182, 215.
Deuchar, James, proprietor of Stitchill,
236.
Dickson, Archd., 108, iii.
Christian, 68.
George, 54, 137.
James, clerk of court, 200.
in Home, 84.
cordiner in Ednam, 65.
in Park End, 153.
John, minister at Lantrive,
169.'
cordiner, 89, 90, 94.
tailor in Kelso, 158.
fined for scandalous language,
195-
Dickson, Margaret, 35, 42 ; fined for
assault, 10, 112.
Robert, 8, 20.
William, in Ednim, 84, 109.
in Oxmoor, 172.
Dinmonts, price of, 77.
Dods, James, 159.
John, baron court officer, 210.
Mark, 25.
Donaldson, James, 6, 14, 21 ; fined for
assault, 7.
in Ednam, 135.
John, 2, 10, 12.
^— fined for blood wyte, 31.
Will., in Hassingden, 196.
Double multure, 73.
Douglas, Marion, 72, 96, 97.
Thomas, schoolmaster, 213, 224.
Dow, John, in Nenthorn, 20.
Margaret, 20.
Dowcat Mains, 100.
Downie, William, in Runningburn,
211, 213, 214.
Dress of the common people, xx.
Drunkenness, act against, 4 and n.
Duncan, Helen, 60.
Dundas, sir Robert, of Arniston, 231.
Dykes, act anent making dykes, 50.
penalty for breaking, 140, 184.
repair of, 95.
Easton (Eiston), Alexander, 38.
Andro, in Runningburn, 26.
Katherein, 40, 46, 47, 52, 54, 55, 62.
Edgar, Robert, in Rummeltonlaw, 78.
Edmonstoun, Issobell, 170.
Nellie, 109.
Education compulsory, xxiv. 103 and
«, 122.
Elliot, Magdalen, wife of sir John
Pringle of Stitchill, 231.
Margaret, fined for scandal, 4.
Walter, fined for assault, 39.
Ennle-sheitt, 121 and n.
Ewes, price of, 69, 73, 77, 93, 172
Fairbairn, Archibald, miller at
Ednim, 130.
Elspeth, 81, 118, 121.
James, 9, 10, 14 ; fined for buying
bridal bread, 47.
John, in Bowes, 108.
charged with scandal, 150.
Margaret, 19.
Richard, 24, 25, 52.
Robert, 11, 39; fined for dis-
obeying the baron bailie, 153.
Thomas, 52.
Fallsyde, Issobell, 12.
INDEX
241
Fast-days, xxix.
Fees. See Wages.
Feudalism in Scotland, xi, xiv.
Fines for drunkenness, etc., to be
handed over to the kirk-session, 5
and n ; list of, 222. See also under
separate entries, as Assaults, Deforce-
ment, etc.
Fleemrigg, 173, 189, 190.
Ford, William, 75.
Forrest, David, clerk of court, 199.
French, Ede., juryman, 2.
George, 7, 10, 11, 14, 19, 22, 26,
34> 35 ? fined for assault, xxiii, 9 ;
fined for keeping swine in summer,
24, 55 ; fined for abstracting mul-
tures, 36.
Johne, 17, 34, 41 ; fined for
defamation, xiii, 58.
Robert, fined for assault, 39.
William, 14.
Galalaw, 173.
Galbraith, John, 5.
Margrat, 152.
Thomas, 90, 137, 149 ; fined for
deforcement, 90 ; fined for scandal,
150.
Gardiner, Alex., weaver, 177, 181,
187 ; fined for assault, 167, 182.
Ninian, 187 ; fined for assault,
178, 192.
Geese, regulation anent the keeping of,
45.
Geills, Andro, in Home Byres, 85.
Gib, George, in Home, 154.
Gibesone, Robert, 19.
GifTen, Alexander, 27, 45, 46, 49, 52,
60.
Andro, 2, 4, 5, 9, 11, 12, 14-18,
passim.
Margrat, 68.
Patrick, 27, 34, 36, 49, 52, 64.
Robert, 83, 84, 98, 140, 141, 153,
171 ; fined for assault, 86.
Gillespy, John, in Maynrigg, 134.
Glasgow, Patrick, 172, 196; fined for
removing a poinded horse, 167.
Glen, John, minister, 224.
Gordon, sir John, of Lochinvar, sells
Stitchill to Pringle, 231.
Gottal, 14.
Gotterstone or Guttersone, Catherine,
194.
Isobell, 194.
Robert, 39.
William, 41, Ci.
Gottraw. See Guthrie.
Graip, 81.
Grass main, 10, 21, 26, 28, 32, 35, 38,
42, 44, 76, 135, 136, 204.
Gray, Thomas, in Smailholme, 41,
42.
Greenslae, Alexander, 80.
Walter, 80.
Grieve, James, in Tofts, 43.
Grigor, Peter. See M'Gregor.
Gunn,rev. George, minister of Stitchill,
236.
Guthrie (Gotrae, Guttraw), Alison, 98,
99, 100.
James, minister, 226, 227.
Jane, 26.
Joanet, 46, 47, 52, 55.
John, 14, 20, 33, 34, 37, 43, 44,
51 ; fined for assaulting his brother,
18 ; fined for keeping swine in
summer, 24 ; fined for illegal posses-
sion of a house, 31.
Richard, 2, 6, 7, 11, 19; fined
for ' blood wyt,' 18 ; fined for keeping
swine in summer, 24 ; fined for
Sabbath profanation and blood wyt,
124; fined for assault, 141.
Guttersone. See Gottersone.
Haggart. See Hogarth.
Haig, Thomas, in Stitchill snuff-mill,
210.
Haining, lady, 228.
Haitly, Margaret, 192.
Half-crown penalties, 114 and n.
Half-pennies, scarcity of, 199.
Haliday, Joan, fined for contempt of
court, 176.
Robert, 165.
Hall, James, bourlaw officer, 8.
Halyburtone, Thomas, schoolmaster,
43, 44, 224.
Hamilton, Adam, 70 ; fined for con-
cealing unteinded corn, 25.
Alexander, in Maynrig, 169.
weaver, 90.
Alisoune, 9, 7, 78.
Andro, minister, lOO.
Ed., 2.
George, 7, 10, 12, 52, 158; fined
for riots, 80 ; fined for breaking
stable, 89 ; fined for breaking dykes,
184.
Henry, in Queenscairn, 19, 144.
James, 10, 14, 18, 87.
John, 56, 90, 184; fined for
negligence, 34.
Katherine, lady Stitchill, 8 and
>», 16, 18, 25, 28, 32 and i», 34, 3$.
Magdalen, 105, 108.
Rol)crt, a, 3, 12, 15, 26, 40, 56 ;
242
BARON COURT OF STITCHILL
fined for keeping swine in sun^mer,
24 ; fined for abstracting hummle
corn, 71 ; fined for stealing pease,
80.
Hamilton Thomas, 2.
Handyside, Joanet, in Kelso, 51.
Harden, 130, 179.
Harvest fees, 8, 17, 43, 70, 74, 84, 87,
91, 96-98, 107-110, 112, 119, 133,
135, 141, 144.
Hay, James, weaver, 202.
John, weaver, 199.
Headstones, removal of, 158.
Henderson, Adam, 67.
or Henryson, Issobell, fined for
scandal, 175.
John, 5, 38 ; fined for assault, 9,
10.
Margaret, 192.
Thomas, 14, 24, 28, 38, 137, 138 ;
fined for assault, 9, 10,
Herd's fee, 43.
Herdsmen, regulations for, 15, 16.
Heritable jurisdictions, abolition of, xi,
xiv.
Herring, 87, 108.
Hewatt, Richard, in Queenscairn, 207-
210, 213, 214.
Heymer, James, 212.
Robert, 191, 202.
Hill, Joan, fined for deforcement,
126.
Hislop (Heislope, Hyslop), Alexander,
118, 132, 140, 144, 160, 164.
John, fined for throwing his ser-
vant into the fire, 208.
Thomas, fined for scandalous
language, 195.
Hog or Hogge, Alexander, in Home,i9.
Edward, 3.
James, litster, 65 ; fined for
assault, 64.
weaver, 118.
Robert, 56, 58 ; fined for con-
tempt of court, 23 ; fined for rioting
and assault, 47-48, 57.
Hogarth (Haggeard, Hoggart), Adam,
2, 6, 7, 12, 17, 39, 49, 56, 58, 130,
152, 165, 169; fined for abstracted
multures, 123 ; fined for deforce-
ment, 132.
Agnes, 134.
Alexander, 26.
Alison, 194 ; fined for breaking a
fir, 161.
Andro, 14, 17, 19, 20, 24, 51, 52,
144, 151, 153, 156, 165; fined for
assault, 29 ; fined for buying bridal
bread, 42.
Hogarth, David, fined for keeping
swine in summer, 24 ; fined for a
riot, 71.
Issobell, fined for scandal, 175.
James, in Bailie Knowe, 208,
210,213.
in Maynrigg, 130, 132, 142,
144.
John, 22, 41, 43, 53; fined for
assault, 47-48 ; fined for opprobious
speeches, 54.
Marion, fined for deforcement,
126.
Robert, 132 ; fined for house-
breaking and assault, ill.
Thomas, 12, 22, 23, 53, 55 ; fined
for assault, 63.
William, 2-4, 7, 9, 10, 17, 19,
24, 43, 58 ; fined for assault, 24 ;
fined for keeping swine in summer,
55-
Home, 6 and n.
Alexander, minister, 224.
David, in Home, 96.
Homebyres, 42.
Hope, George, 20, 37.
in Park End, 97.
Margaret, wife of Robert Pringle
of Stitchill, I n, 231.
William, 167 ; fined for a riot,
176.
Hopper, Alex., 112.
Henry, 2, 6, 8.
John, 138.
Robert, 25, 36, loi, 133, 168;
fined for bloodwyte, 71.
William, 9, 1 1, 17, 20, 83.
Horsburgh, John, 90.
Horses, 61 «, 62, 67, 75, 118,
153, 154, 164, 165, 172. See also
Mares.
Hose, 88.
House-breaking, ill.
House rent, 20, 87, 145, 152, 202.
Hud, Andro, in Rummilton Law, 85.
Humly Knows, 16.
Hummle corn, 71 and «, 106, 107, 177,
220.
Hundalee, 162.
Hunter, Maissie, 8.
Hutson, John, merchant in Kelso,
142.
William, 20 ; fined for riot and
straickes, 57.
Illegal possession, 31.
Immery, William, inn-keeper, 210.
Infield Croke, 190.
Inglis, Jannett, in Lochtoune, 134.
INDEX
243
Inglis, Thomas, in Hume, 8.
Innes, Joan, fined for going over a
hedge, 176.
Iron girth, 20.
Jamieson, Bessie, 17.
Japhrae, William, in Homebyres, 179.
Johnstone, Elspeth, in Blakader, 114.
George, 94, 116.
in Eastfield, 213, 214.
James, 54 ; in Queenscairne, fined
for deforcing the bourlaw officer,
106.
Janet, 12, 20; fined for slander,
Peter, in Sweethope, 213, 214.
William, in Overmayns, 133.
Jurymen, election of, 2 and n ; fined
for absence, ii.
Kaill plants, 130.
Kayne fowls, xiv, 12, 33, 34 and n,
36, 80, 128, 215, 220.
Kaynes of Sweethope, 36.
Keith, William, schoolmaster, 103,
224.
Kennedy, William, in Hareheught,
210.
Ker, sir Andrew, of Greenhead, a
prisoner in Edinburgh castle, 228.
col. Gilbert, 227.
James, merchand in Kelso, 71.
at Stitchill mylne, 84, 87.
Mark, 91, 97, 109.
sir Robert, xxxiii.
• Thomas, 15.
Kiln, setting fire to, 8.
Kirk-sessions, discipline of, xxvi ; sen-
tences to be enforced by the baron
court, 21, 33.
Laidley, Agnes, 198.
(Ladla), George, in Ednam, 195.
Lamb, Agnes, 161, 163 ; fined for
deforcing a sheriff-officer, 126.
Euphan, 72 ; fined for scandal,
4,5-
James, 2, 81.
yr. in Over Stitchill, fined
for assault, xxiii, 22.
Janet, 137, 152.
John, in Maidenhall, 149.
Robert, 82.
Thomas, 2, 10, ii, 18.
Landreth, William, in Sweethope,
207.
Laurie (Lowrv), Alex., 2, 6, 7, 20, 29,
43, 49, 77, 89 ; fined for deforcement,
73.
Laurie, Alisone, 56, 172.
George, in Queenscairn, 197,
200-206.
Issobell, 5.
James, 12, 19, 31, 32, 34, 192.
John, 4, 6, 7, 9, 27, 35, 172,
188 ; fined for keeping swine in
summer, 24 ; fined for assault, 28,
56, 185.
Thomas, 24, 63, 154.
Walter, in Rinningburne, 81, 89,
93. 94. 96, 97, 99, 104, 105, 109;
fined for abstracting grain, 106.
William, procurator fiscal, 8, 71,
73, 79, 85, 86.
Learmount, Barbara, 4.
Lee, Agnes, 141.
Leitche, James, 53.
Leith, James, herd, 53.
Leithheid, James, 65, 69, 71, 75, 76.
Samuel, 69.
Lennox, James, procurator-fiscal, 9.
schoolmaster, xiii, 6, 21, 33,
224.
Lidgait, James, 47-49, 64.
Liggaitt, Robert, 123, 133.
Lillie, Agnes, 64, 68-70, 78.
James, 18.
John, smith in Stitchill, 26, 34,
35, 37, 40, ^d passim.
Robert, smith in Stitchill, 6, 10,
14, 18, 19, 24, 26, 28, 34 passim ;
fined for assault, 31, 96.
Lindores, John, in Home, 167.
Linen, 66, 84, 119, 130, I49-
Alexander, 196, 210-213.
George, gardener, 199.
Lint, 70, 120, 168, 197 ; placing of
lint in lochs, etc., forbidden, 86,
115, 116, 147, 148, 162.
Lint seed, 130, 186.
Livingstone, John, minister at Ancrum,
227.
Lochtoune, 134 and n.
Locke, Josua, gardener at Neuton,
^69-
Lockie, James, minister in Stirling,
225.
Long Riggs, 189, 191.
Macdowell, James, fined for buying
bridal bread, xvi, 37.
Marerat, 66.
William, 60.
McGregor, Peter, 159, 163, 164, 168,
172,174,178,181.
Mack, John, in Gordon Mains, 167.
Maclaurin, James, in Parkend, 213,
214.
244
BARON COURT OF STITCHILL
Macleod, Elizabeth, wife of sir James
Pringle of Stitchill, 232.
Emilia Anne, wife of sir John
Pringle of Stitchill, 232.
Maills, 28, 30, 34 and «, 40. See also
Grass Maills.
Main, John, 202.
Maison, George, at Neuton miln,
181.
William, 60, 125.
Maisson, Alexander, 52.
Malt, 96, 125, 137.
Manderstone, James, in Harlae, 164.
March stones, removal of, 187.
Mares, prices of, 28, 59, 60, 62, 66, 87,
128, 149, 154, 168.
Marjoribanks, James, wright, 154.
Simon, 202 ; fined for contumacy,
175.
Marshall, Alexander, in Home, 141.
Andro, fined for assault, 129.
Johne, in Home, 59.
Margaret, 75, 128.
Mather, James, 135, 137.
John, weaver in Kelso, 153.
Matthew, James, 116.
Meal, xviii, 69, 78, 94, 99, 129, 134,
140, 155, 166, 169, 172, 174,
204.
Mealmakers, 147, 148.
Meilke, John, in Mellerstayn, 154.
Mein, John, fined for abstraction of
grain, 107.
Middlemost, Nathaniel, sequestration
of, 199.
Militia act, breach of, 53 and n.
Mill regulations, 16 and «, 22, 23 ;
thirlage, xv, 16 and «, 29 and n ;
abstracted multures, 36-37 and n,
42-44, 73, 106 and «, 107, 112-
113 and «, 123; complaint against
the Stitchill miller, 46 ; conveyance
of millstones, xvi, 88 and n ; tenants
to bring home mill axle-trees, 1 12,
113 «; divots and thatch to be
provided by tenants, 152, 169.
George, in Sweethope, 210.
Jenett, 97, 144.
(Mylle), Thomas, 25, 89.
William, 58, 72, 99.
Miller, George, at Stitchill mill, 89.
John, fined for assault, 174 ; fined
for contumacy, 178; fined for con-
travention of arrestment, 182.
Patrick, 115; fined for con-
tumacy, III.
in Dunse, 137.
■ in Sweethope, 135, 141,
155.
Miller, William, in Henderside, 195,
196.
Mill-stone silver, 10, 21, 221.
Ministers, list of, 224.
Moffat, Adam, fined for piping at
bridals, xxxv,
William, 10, 22-24, 42» 54, 61 ;
fined for buying bridal bread, 37.
Muck, price of, 78.
Muckitland oats, 76.
Muirehead, Margaret, fined for scandal,
4, 5 ; fined for contempt of court,
23.
Multure. See Mill.
Murdy, Andro, 114.
Murrie, George, in Coldstream, 75.
Mylle. See Mill.
Naigs. See Horses.
Neill, Adam, 81.
Nenthorne, 3 and n.
Newhall, i n, 231.
Nisbet, Andro, 2, 40, 42.
George, 22, 64, 75-77.
Issobell, 80, 86.
William, 2-5, 7, 9, ii, i^ passim.
Oatmeal. See Meal.
Oatrig, 190.
Oats (Aits), xviii,','i9, 20, 25, 74, 76,
78, 81, 89, 91, 104, 131, 133, 137,
138, 153, 161, 169.
Opprobrious speeches, 54, 64. See
also Defamation : Scandal.
Ormestoune, Issobell, in Queenscairne,
68, 98.
Oxcroft, 191.
Oxen, 38, 90.
Paddon Loch, 173.
Patersone, Agnes, 20.
Elspeth, 166.
George, 7.
commissary officer, Kelso,
126.
in Galloshealls, 75.
James, in Fogo, 39.
John, weaver, 158.
Pearsone, Johne, in Hassingtoune, 59.
Thomas, notary public, 15, 17,
18, 23, 2y, passim.
in Nenthorne Burne Brae,
3-
Pease, 19, 22, 62, 67, 74, 75, 78, 94,
123, 130, 133, 158.
Peats, 14, 59, 75, 78, 79, 100, 104,
144.
Peatt, Richard, 14.
Peirie, Andro, in Prestounpans, 144.
INDEX
245
Penny bridals. See Weddings.
Plaiding, 65, 81.
Ploughing, 62, 148.
Poaching, 147.
Potts, Charles, nottar in Kelso, 188.
Precentor's salary, 21.
Prestoune, James, 14 ; fined for con-
tempt of court, 34.
Prices of chief articles mentioned in
the records, 221, 223.
Pringle, Andro, 3.
Anne, daughter of Walter Pringle
of Greenknow, 229.
Francis, of Homebyres, 42.
of Rowingstoune, 55 and
n,
\ George, of Newhall, 231.
in Kelso, 85.
maltman, 69, 70, 72, 79.
Gilbert, son of sir John of
Stitchill, 231.
Issobel, 6, 14, 17, 25, 34.
■ spouse to James Wilson in
Kelso, 164.
sir James, of Stitchill, 207 and «,
210, 224, 232.
• James, notary public, 67, 71, 74,
n-
Janet, wife of Walter Pringle of
Greenknow, 20 and «, 226.
sir John, 3rd of Stitchill, 107 and
«, 108, 180 and «, 224, 232.
sir John, 6th of Stitchill, note on,
232.
sir John, bart., M.D., note on,
232, 233.
John, of Smailholme, 10 n.
Katharine, daughter of Pringle of
Torwoodlee, 232.
daughter of Walter Pringle
of Greenknow, 226, 228.
Margaret, daughter of Pringle of
Torsonce, 231.
Norman, 233.
Robert, of Newhall, 231.
Robert, 1st of Stitchill, i and «,
231.
sir Robert, 2nd of Stitchill, i and
w, 16, 23-28 passim^ 93 and «, 107
«, 206 and «, 223, 224, 231.
4th of Stitchell, note on,
180 w, 183, 224, 232.
Rt. Hon. Robert, secretary for
war, 231.
Robert, merchant in Home, 148,
154. 163, 168.
• Thomas, W.S., 231,
Waller, of Greenknow, xxxi, i
and «, 3 w, 223, 224, 231.
Pringle, Walter, of Graycrook, advo-
cate, 32 and «, 55 «, 231.
sir Walter, of Lochton, i «, 134
n, 231.
Walter, of Torsonce, sheriff of
Roxburghshire, 232.
Walter, advocate, 40 and «, 41.
of Whitebank, 225.
Pringles of Stitchill, genealogy of,
234.
Provocation, fines for, 54, 57,
Pundlers, 8 and «, 37.
Puntan, Jannett, 114, 157.
Purves, Culbert, 66.
Issobell, fined for deforcement and
scandal, 176,
James, 93, 99, ICO.
Jean, 128.
Margaret, 107, 108.
Peter, 63, 128.
William, in Stitchill, 87.
QuEENSCAiRNE, 29 and «, 173, 189.
Quhiggenshall, Thomas, fined for
assault, 9, II.
Quhyte. See Whyte.
Ramsay, William, fined for riots,
80.
Redpath, George, minister, 224.
servitor, 135.
Rentals, 38, 40, 45, 56, 75, 87, 145,
202.
Richardson (Richisone), Adam, 144.
James, 61.
John, fined for removing unteinded
corn, 121.
Margrat, 72, 88.
Riots, 22, 35, 36, 47, 48, 51, 71, 80,
90, 96, III, 112, 157. See also
Assaults.
Riv land, 61 «, 62.
Robertson (Robysone), Alexander, 59,
62, 66, 77, 82, 87.
Andro, fined for assault, 47, 48,
David, gardener, 78.
James, fined for cheating at teind-
ing, 1 1 7 and n,
John, 121, 140; fined for cal-
umny, 104.
Rottins, 184.
Runningburn, 173^ 189, 190.
Rye, 72.
Sabbath Profanation, xxiii, 124.
Sack, 133, 134.
Sacking cloth, 158.
Sang schools, xxxv.
246
BARON COURT OF STITCHILL
Scandal, 58, 64, 157, 175, 176, 186,
187, 195.
Schoolmaster's salary, 6, 21, 33, 43,
44, 82, 103, 163, 187, 189, 194.
Schoolmasters, list of, 224.
Scolding, 5, 23.
Scotland under Cromwell, ix-x, xiv ;
literature of the common people,
xxxii ; games, xxxiii ; songs and
ballads, xxxv ; witchcraft, xxxvii.
Scott, Alexander, fined for a spuilzie,
157.
Andrew, minister, 224.
Cirstan, 5, 14.
John, dyster, 183, 184, 185, 186.
Margaret, wife of John Pringle of
Stitchill, 19, 26, 30, 32 and w, 36,
38, 40, 41, 56.
of Queenscairne, 77, and n.
Walter, in Baillie Know, 193, 194,
195 ; fined for scandal, 157.
Scougal], John, 126,
Service, Dorritie, 68.
James, 74, 94.
William, 42, 74, 78, 92 ; fined
for hiding a militiaman, 53.
Shearing, 72, 76.
Sheep, 53 ; pulling wool off sheep, II5'
Sheep-folds, 158.
Sheill, Andrew, 172.
James, 159.
Shoes, 75, 89, 91, 179.
Silver maills, 32.
Sim, Alexander, 196.
Arthur, an absconding debtor,
.193-
Simm, Thomas, 125, 148.
Simson, Peter, in Parkend, 21 1.
Sinclair, Henry, charged with assault,
96.
John, in Haryheuch, 129, 144.
Robert, in Home, 105.
Sked, William, in Falsyde, 75,
Sklaitter, Thomas, at Newton mylne,
134-
Slander, xxiii, 6.
Smailholme, 10 and n.
Small, Alexander, wright, lOi.
Smith (Smythe), Abhm., juryman, 2.
Alexander, in Legars, 210, 213.
George, 9, 23 ; fined for blas-
phemy, 4.
John, schoolmaster, 197, 224.
at Park End, 78.
fined for assault and con-
tempt of court, 135.
Margaret, 53.
Smithy fees, 26 and «, 56, 58, 65, 74.
Smitton, John, burlawman, 198,
Smuggling, 147, 148.
Snuft-mill, 210.
Soldiers' billeting, 13 and «, 123 and n.
Sounnis, Agnes, 142.
Spiers, Adam, fined for calumny, 208.
Spinning, 128.
Stable breaking, 89.
Staigs' grass, 61 and «.
Starke, rev. David, minister at Stitchill,
xxvi, 5 n, 34, 44 and «, 224.
David, fined for assault, 63.
Steill, James, 103 ; fined for abstracted
multures, 123.
Stevisone, Edward, in Humebyres, fined
for assault, 30.
Issobell, 21, 31-33, 36.
James, in Hume Byres, 159;
fined for removing a horse, 167.
Johne, in Humebyres, 27.
Stewart, John, in Stitchill mill, 73, 83.
Stitchill, description of, xii ; proprie-
tors and tenants of Stitchill house,
231, 236.
Place, 29 and n, 30.
lady. See Hamilton, Katherine.
lady, younger. See Scot, Mar-
garet.
Stots, price of, 52.
Stott, Alexander, 83.
Cirstan, fined for contempt of
court, 23.
Straiton, James, minister, 228.
Sudden, Thomas, 203.
Sugar loaves, 83.
Sumptuary laws, xx, 97.
Swanston, And., in Hume, 196.
Bessie, in Home, 142.
William, in Hume, 37.
Swearing, fines for, 4, 5.
Sweethope, 189, 191.
Swine, acts relating to, 171 ; fines for
keeping swine in summer, 2 and «,
24, 28, 55, 181.
Taylor (Taylzeour), George, gar-
dener at Berwick, 126.
James, fined for the spulzie of a
naig, 106.
Richard, in Queenscairne, 68, 74,
87, 94» 97, no, 112, 137, 140, 154;
fined for a riot, 57 ; fined lor lead-
ing unteinded corn, 80 ; fined for
deforcing the bourlaw officer, 106.
Robert, in Queenscairne, 4, 43,
73, 83, 145 ; fined for leading un-
teinded corn, 80.
William, in Queenscairne, 20, 23,
24, 55 ; fined for assault, 145.
Teinds, xv, 2 and n, 22, 26, 35, 81, 95,
INDEX
247
196, 215 ; concealing unteinded corn,
25 ; unteinded corn, 80, 121 ; teind
frauds, 1 1 7 and u.
Templehall, Berwickshire, 231.
Tenants, act of parliament anent, lOi-
102 ; service to the laird, 107. See
also under Mill.
Thirlage, xv, 16 and «, 29 and «, 36-
37 and n.
Thomson, Bessie, 17.
Issobell, 25.
James, 24, 26, 27, 52, 90, 94,
196.
John. 15, 57, 90.
Mathew, 9, 90 ; fined for deforce-
ment, 35, 57.
William, 49, 90, 132, 142.
Threshing, payment for, 67, 99.
Tilling, cost of, 131, 161.
Trees, cutting of, xvi, 38, 50, 80.
planting of, 49, 50, 53, 55, 56,
Trespassing, 12, 16, 42, 46, 50, 139,
181. See also Apprised corn.
Trotter, Beatrix, 133.
Issobell, 55.
Joan, 129.
Margaret, 17, 21.
Robert, in Hume, 211.
Turnbull, Adam, in Home, 166.
Bessie, 82.
Cathrein, 88, 89.
Hector, 97, 118.
Issobell, 3, II, 14, 38; fined for
scolding, 5 ; fined for assault, 7.
James, 165, 176.
(Trumble), Margrat, 66, 79, 84,
85. 87, 93, 97, 105, 1 10 ; fined for
assault, 174.
William, ii, 49, 76.
Turner, John, schoolmaster, 65, 81,
224.
in Carchesters, 87.
in Nether Stitchill, 85.
William, 174.
Turten, John, in Eist Gordoun, 109.
Underwood, Johnk, 13, 40, 47, 50,
51, 56, 90, 188.
Margrat, 77.
Thomas, 91, no, 126, 142, 199;
fined for deforcing a sheriff officer,
126.
schoolmaster, 224.
Urmestoune, Marke, in Smailholme, 10.
Utterstone, Gavin, fined for riot, 79, 80.
Vair, Thomas, 8, 72.
Veitch, William, covenanter, xxx, 29 tt.
Vicarage teinds, 12-13 and «, 95, 117
and n.
Waddell, Robert, weaver, 192.
Wady, Mungo, 12, 19, 20.
Wages, xxi, 3, 7, 10, 11, 13, 14, 17, 23,
24, 32, 40, 42, 44, 53, 55, 58, 62, 63,
66, 67, 75, ^^, 78, 80, 81, 83, 84, 86-
89, 95. 105. 106, 119, 122, 133, 167,
183, 185. See also Harvest fees.
Wain, carriage of, 104.
Waitt, John, fined for taking away a
grey mare, 179,
Robert, 97, 121.
Walker, Andrew, in Kaimflatt, 131,
166.
James, in Linton Park, 70.
Watson, Andro, in Queenscairne, fined
for leading unteinded corn, 80.
James, waulker, 118, 124.
John, in Queenscairne, 145.
in Stitchill miln, 204.
William, gardener, 40, 73.
Waugh, Thomas, in Caldron Brae, 210.
Waulk mill charges, 163; act relating
to the waulk mill, 124 and «, 138.
Weavers, 50, 90, 147, 148; fined for
keeping untried weights and mea-
sures, 120.
Weaving, 94.
Weddel, Joannet, 12.
Wedding regulations, xvi, xxxiv, 22,
37, 42, 43, 47, 215; sumptuary
laws, 97 ; dues, 103.
Weights and measures, 84, 120, 147.
Weir, Robert, in Park End, 162, 163.
Welsh, John, 10.
Thomas, in Dowcatt Mains, 100.
William, 18.
Whale, Andrew, schoolmaster, 183 and
n, 187, 224.
Whins, cutting of, 120, 171, 182, 184,
185.
White (Quhyte), Adam, 10, 20.
Thomas, soldier, pensioned for
wounds received at Dunbar, xii, 3
and n.
in Over Stitchill, 62, 72.
William, weaver, 202.
Whytlie, Robert, in Darnchesters, 179.
Wilkie, Thomas, minister at Lilliesleaf,
225..
Willobie, Thomas, merchand in Ber-
wick, 82.
Wilson, Andro, fined for contumacy
and calumny, iii.
Barbara, ill.
— George, maltman, 137.
James, 6, 15, 27, 36. 38, 164.
248
BARON COURT OF STITCHILL
Wilson, Johne, 17, 91.
in Craig End, 85.
called ' Sobber John,' fined
for assault, 63.
fined for cheating at teinding,
117 and n.
Mark, 15.
William, schoolmaster of Stitchill,
135. 224.
in Bailie Knowe, 206, 207.
Windrim, Alexander, 15, 18, 20.
John, 14, 17, 18, 47, 60; fined
for assault, 48.
Witchcraft, xxxvii, 1 1 1 and n.
Wood, Andro, at Sisterpath waulk-
mylne, 105.
George, in Greenknow, 67.
in Rummelton Law, 100.
Wood, James, 3, 8, 10, 20.
John, 14, 36, 58.
Nicholas, fined for scolding,
23-
Thomas, fined for defamation, 57,
63.
Wool, 129 ; not to be pulled off sheep,
115-
Wort-stain, 84.
Wylie, Alexander, 203.
Yarn, 118.
Yeaman, Thomas, 129.
Young, Gustavus, 59, 72.
Younger, Agnes, 174.
John, 125, 128, 133, 134, 140,
152, 154, 157.
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Aikman, W. Keith, LL.B., W.S., 6 Drumsheugh Gardens,
Edinburgh.
Aitken, Alfred N. G., S.S.C, 12 Queen Street, Edinburgh.
Aitken, James H., Gartcows, Falkirk.
Allan, George, Advocate, 33 Albyn Place, Aberdeen.
Allan, James, Redtower, Helensburgh.
Anderson, Archibald, 30 Oxford Square, London, W.
10 Anderson, J. N., Provost of Stornoway.
Andrew, Thomas, Balkerach, Doune, Perthshire.
Armstrong, Robert Bruce, 6 Randolph Cliff, Edinburgh.
Arnot, James, M.A., 57 Leamington Terrace, Edinburgh.
Atholl, The Duke of, Blair Castle.
Ayling, John, J. P., 22 Inverleith Place, Edinburgh.
Baillie, Ronald, Advocate, Jedbank, Jedburgh.
Bain, Walter, Derclach, Ayr.
Baird, J. G. A., M.P., Wellwood, Muirkirk.
Baird, William, Clydesdale Bank, Portobello.
20 Balfour, C. B., M.P., Newton Don, Kelso.
Balfour, Hon. J. M., 6 Rothesay Terrace, Edinburgh.
Ballingall, Hugh, Ardarroch, Dundee.
Bannerman, W. Bruce, The Lindens, Sydenham Road, Croydon,
Surrey.
Barclay, George, 17 Coates Crescent, Edinburgh.
Barclay, R., Bury Hill, Dorking.
Barron, Rev. Douglas Gordon, Dunnottar Manse, Stonehaven.
Bartholomew, John, LL.B., Advocate, 60 Castle Street,
Edinburgh.
Begg, Ferdinand Faithfull, 24 Lansdowne Road, London, W.
LIST OF MEMBERS S
Begg, Peter, Dunroiia, 5 Hermitage Drive, Edinburgh.
50 Bell, A. Beatson, Advocate, 17 Lansdowne Crescent, Edinburgh.
Bell, Joseph, F.R.C.S., 2 Melville Crescent, Edinburgh.
Bell, Captain Laurence A., R.N., 1 Eton Terrace, Edinburgh.
Bell, Robert Fitzroy, Advocate, Temple Hall, Coldingham.
Berry, William, Advocate, 4 Atholl Crescent, Edinburgh.
Beveridge, Erskine, LLD., St. Leonard's Hill, Dunfermline.
Black, Alex. W., M.P., W.S., 5 Learmonth Terrace, Edinburgh.
Black, James Tait, 33 Palace Court, Bayswater Hill, London, \V.
Black, John S., LL.D., 6 Oxford Terrace, Edinburgh.
Blaikie, Walter B., 6 Belgrave Crescent, Edinburgh.
40 Blair, Patrick J., Sheriff-Substitute of Dumbartonshire, Rock
End, Helensburgh.
Bonar, Horatius, W.S., 3 St. Margaret's Road, Edinburgh.
Broun- Morison, J. B., of Finderlie, Harrow-on-the-Hill.
Brown, Professor Alex. Crum, 8 Belgrave Crescent, Edinburgh.
Brown, J. A. Harvie, Dunipace House, Larbert, Stirlingshire.
Brown, Prof. P. Hume, LL.D., 20 Corrennie Gardens, Edin-
burgh.
Brown, William, 26 Princes Street, Edinburgh.
Brownlie, James R., 220 West George Street, Glasgow.
Bruce, Alex., Clyne House, Sutherland Avenue, Pollokshields.
Bruce, James, W.S., 59 Great King Street, Edinburgh.
50 Bryce, Right Hon. James, M.P., LLD., 54 Portland Place,
London, W.
Bryce, William Moir, Dunedin, Blackford Road, Edinburgh.
Buchan, William, Town Clerk, Peebles.
Buchanan, A. W. Gray, Parkhill, Polmont, N.B.
Burns, Alan, B.A., Advocate, Cumbernauld House, Cumber-
nauld, Glasgow.
Burns, Captain John William, Kilmahew, Cardross.
Burns, Rev. Thomas, Croston Lodge, Chalmers Cres., Edinburgh.
Burnside, W., The Croft, Bromley Road, Catford.
Bute, The Marquis of, Mountstnart, Isle of Bute.
Caij)WELi., James, Craiglelea Place, Paisley,
60 Cameron, Dr. J. A., Firlmll. Nairn.
4 LIST OF MEMBERS
Cameron, Richard, 1 South St. David Street, Edinburgh.
Cameron-Swan, D., Craig Bhan, May field Road, Sanderstead,
Surrey.
Campbell, A. B., W.S., 12 Lansdowne Crescent, Edinburgh.
Campbell, Rt. Hon. Lord Archibald. Coombe Hill Farm,
Kingston-on-Thames.
Campbell, General B., of Blythswood, Renfrew.
Campbell, D. S., 186 High Street, Montrose.
Campbell, J., of Kilberry, Argyllshire.
Campbell, Rev. James, D.D., the Manse, Balmerino,Wormit, Fife.
Campbell, Rt. Hon. James A., P.C., M.P., Stracathro, Brechin.
70 Campbell, P. W., W.S., 25 Moray Place, Edinburgh.
Campbell, William, K.C., 12 Randolph Crescent, Edinburgh.
Carmichael, Sir Thomas D. Gibson, Bart., Castlecraig, Dol-
phinton, N.B.
Carne-Ross, Joseph, M.D., 19 Palatine Road, Withington,
Manchester.
Carrick, J. Stewart, 194 St. Vincent Street, Glasgow.
Chambers, W. & R., 339 High Street, Edinburgh.
Chiene, Professor, C.B., 26 Charlotte Square, Edinburgh.
Christie, Thomas Craig, of Bedlay, Chryston, Glasgow.
Clark, James, Advocate, 10 Drumsheugh Gardens, Edinburgh.
Clark, J. T., Crear Villa,FerryRoad, Edinburgh, /fo??. Treasurer.
80 Clarke, Rev. T. E. S., Saltoun Manse, East Lothian.
Clouston, T. S., M.D., Tipperlinn House, Momingside Place,.
Edinburgh.
Constable, Archibald, LL.D., 11 Thistle Street, Edinburgh.
Cormack, Donald Stewart, Daily Record Office, Edinburgh.
Cowan, George, 1 Gillsland Road, Edinburgh.
Cowan, J. J., 38 West Register Street, Edinburgh.
Cowan, John, W.S., St. Roque, Grange Loan, Edinburgh.
Cowan, William, 47 Braid Avenue, Edinburgh.
Craig, William, Town Clerk, County Buildings, Dumbarton.
Crawford, Donald, K.C., S5 Chester Street, Edinburgh.
90 Crockett, S. R., Penicuik.
Crole, Gerard L., Advocate, 1 Royal Circus, Edinburgh.
Cross, Robert, 13 Moray Place, Edinburgh.
LIST OF MEMBERS
Cunningham, Captain, Leithen Lodge^ Innerleitlien.
Cunningham, George, Advocate, 21 Royal Circus, Edinburgh.
Curie, Alex. Ormiston, B.A., W.S., 8 S. Learmonth Gardens,
Edinburgh.
Curie, James, W.S., Priorwood, Melrose.
Currie, W. R., Lochiel, Bearsden, Dumbartonshire.
Cuthbert, Alex. A., 11 Alexandra Place, St. Andrews.
Dalgleish, John J., Brankston Grange, Bogside Station,
Stirling.
100 Dalrymple, Hon. Hew, Lochinch, Castle Kennedy, Wigtown-
shire.
Dalton, C, 32 West Cromwell Road, London, S.W.
Davidson, Hugh, Braedale, Lanark.
Davidson, J., Solicitor, Kirriemuir.
Davidson, Rev. Thomas, 8 Rillbank Terrace, Edinburgh.
Davies, J. Mair, C.A., Shelling, Pollokshields, Glasgow.
Dickson, Walter S., Advocate, 3 Royal Circus, Edinburgh.
' Dickson, William K., Advocate, 8 Gloucester Place, Edinburgh.
Dickson, Wm. Traquair, W.S., 11 Hill Street, Edinburgh.
Dixon, John H., Dundarach, Pitlochry.
110 Doak, Rev. Andrew, M.A., 15 Queen's Road, Aberdeen.
Dodds, Rev. James, D.D., The Manse, Corstorphine.
Donaldson, James, LL.D., Principal, St. Andrews University.
Douglas, David, 10 Castle Street, Edinburgh.
Dowden, Right Rev. John, D.D., LL.D., Bishop of Edinburgh,
13 Learmonth Terrace, Edinburgh.
Duff, T. Gordon, Drummuir, Keith.
Duncan, John, 8 Lynedoch Place, Edinburgh.
Dundas, Ralph, C.S., 28 Drumsheugh Gardens, Edinburgh.
Dunn, Robert Hunter, 4 Crown Terrace, Glasgow, W.
Easton, Walter, 69 Buchanan Street, Glasgow.
120 Elliot, George H., 17 Princes Street, Edinburgh.
Faulds, a. Wilson, Knockbuckle, Beith, Ayrshire.
Ferguson, James, K.C., 10 Wemyss Place, Edinburgh,
Ferguson, Rev. John, The Manse, Aberdalgie, Pcrthsliirc.
6 LIST OF MEMBERS
Ferguson, R. C. Munro, Raith, Kirkcaldy.
Findlay, John R._, 27 Drumsheugh Gardens, Edinburgh.
Findlay, Rev. Wm., 17 Comiston Drive, Edinburgh.
Firth, Prof. Charles Harding, LL.D., 2 Northmoor Rd., Oxford.
Fleming, D. Hay, LL.D., 4 Chamberlain Road, Edinburgh,
Fleming, J. A., K.C., 33 Melville Street, Edinburgh.
130 Fleming, Mrs., 12 Beaufort Gardens, London, S.W.
Flint, Robert, D.D., LL.D., 1 Mountjoy Terrace, Mussel-
burgh.
Forbes, The Hon. Mrs. Atholl, Brux Lodge, Alford.
Forrest, James R. P., 32 Broughton Place, Edinburgh.
Foulis, T. N., 27 Cluny Gardens, Edinburgh.
Fraser, Professor A. Campbell, D.C.L,, LL.D., Gorton
House, Hawthornden.
Fraser, Hugh, Littlesilver, High Bickington, North Devon.
Gairdner, C. D., 2 Redlands Road, Kelvinside, Glasgow.
Galletly, Edwin G., 71 Braid Avenue, Edinburgh.
Gardner, Alexander, 7 Gilmour Street, Paisley.
140 Garson, William, W.S., 60 Palmerston Place, Edinburgh.
Gartshore, Miss Murray, Ravelston, Blackball, Edinburgh.
Geddie, John, l6 Ann Street, Edinburgh.
Geikie, Sir Archibald, LL.D., 10 Chester Terrace, Regent's
Park Road, London, N.W.
Geikie, Prof. J., LL.D., Kilmorie, Colinton Road, Edinburgh.
Gibson, Andrew, 1 Hamilton Street, Govan.
Gibson, J. C, c/o James Forbes, 8 Bruce Street, Hillhead,
Glasgow.
Gibson, James T, LL.B., W.S., 14 Regent Terrace, Edinburgh.
Giles, Arthur, 107 Princes Street, Edinburgh.
Gillespie, Mrs. G. R., 5 Darnaway Street, Edinburgh.
l.'iO Gilmour, Major, The Inch, Liberton.
Gladstone, Sir John R., Fasque, Laurencekirk.
Goudie, Gilbert, F.S.A. Scot., 31 Great King Street,
Edinburgh.
Gourlay, Robert, LL.D., 5 Marlborough Terrace, Kelvinside,
Glasgow.
LIST OF MEMBERS 7
Gow, Leonard, Hayston, Kelvinside, Glasgow.
Graeme, Lieut. -Col. Laurence, Fonthill, Shaldon, Teignmouth,
Devon.
Graeme, Lieut.-Col. R. C, Naval and Military Club, 94 Picca-
dilly, London.
Grant, Rev. A. C. Thomson, The Red House, Wemyss Castle,
Fife.
Grant, Alex., Tranby, Salford Road, Telford Avenue,
Streatham, London, S.W.
Grant, Francis J., W.S., 106 Thirlestane Road, Edinburgh.
160 Grant, Frank L., 75 Limerston St., Chelsea, London, S.W.
Grant, J. Macpherson, Old Milton, Kingussie.
Grant, William G. L., Woodside, East Newport, Fife.
Gray, George, Clerk of the Peace, Glasgow.
Green, Charles E., 18 St. Giles Street, Edinburgh.
Greig, Andrew, 36 Belmont Gardens, Hillhead, Glasgow.
Guthrie, Charles J., K.C., 13 Royal Circus, Edinburgh.
Guy, Robert, 120 West Regent Street, Glasgow.
Halkett, Miss Katherine E., 24 Holland St., Campden Hill,
London, W.
Hamilton, Col. the Hon. North Dalrymple, Bargany, Girvan.
170 Harrison, John, 8 St. Andrew Square, Edinburgh.
Hay, W. J., John Knox's House, Edinburgh.
Hedderwick, A. W. H., 79 St. George's Place, Glasgow.
Henderson, J. G. B., Nether Parkley, Linlithgow.
Henderson, Joseph, 1 1 Blythswood Square, Glasgow.
Henry, David, Estherville, St. Andrews, Fife.
Hewison, Rev. J. King, D.D., The Manse, Rothesay.
Hill, William H., LL.D., Barlanark, Shettleston, Glasgow.
Home, The Earl of, The Hirsel, Coldstream.
Hope, H. W., of Luffness, Aberlady.
180 Howden, Charles R. A., Advocate, 25 Melville St., Edinburgh.
Howden, J. M., C.A., 11 Eton Terrace, Edinburgh.
Hughes-Hunter, Colonel, F.R.S., of PlAs CAch, Lianfnirpwll,
Anglesey.
Hutcheson, Alexander, Herschel House, Broughty Ferry.
8 LIST OF MEMBERS
Hutchison^ George A. Clark, 34 Drumsheugh Gardens, Edin.
Hutton, Rev. W. Holden, The Great House, Burford, Oxford.
Inglis, John A., Advocate, 2 Rothesay Place, Edinburgh.
Jameson, J. H., W.S., l6 Coates Crescent, Edinburgh.
Jamieson, J. Auldjo, W.S., 14 Buckingham Ter., Edinburgh.
Johnston, D., 14 Netherby Road, Leith.
190 Johnston, David, 24 Huntly Gardens, Kelvinside, Glasgow.
Johnston, George Harvey, 22 Garscube Terrace, Edinburgh.
Johnston, George P., 33 George Street, Edinburgh.
Johnston, Col., M.D., C.B., of Newton Dee, Murtle, Aberdeen-
shire.
Johnstone, David, 24 Dundonald Street, Edinburgh.
Johnstone, James F. Kellas, 12 Osborne Terr., London, S.W.
Kemp, D.William, Ivy Lodge, Laverockbank Rd., Trinity, Edin.
Kincairney, The Hon. Lord, 6 Heriot Row, Edinburgh.
Kinloch, Miss Marjory G., 32 Drummond Place, Edinburgh.
Kinnear, The Rt. Hon. Lord, 2 Moray Place, Edinburgh.
200 Kippen, W. J., Advocate, 7 Walker Street, Edinburgh.
Kirkpatrick, Prof. John, LL.D., Advocate, 21 Succoth Place,
Murrayfield, Edinburgh.
Kirkpatrick, Robert, 1 Queen Square, Strathbungo, Glasgow.
Laidlaw, Lieut.-Col, David, Polmont House, Polmont.
Lang, James, 9 Crown Gardens, Dowanhill, Glasgow.
Langwill, Robert B., 7 St. Leonard's Bank, Perth.
Laurie, S. S., LL.D., 22 George Square, Edinburgh.
Leadbetter,Thomas Greenshields,Swinton House, Coldstream.
Leslie, Colonel, of Kininvie, Dufftown, Banffshire.
Lindsay, Rev. John, St. John's Manse, Bathgate.
210 Livingstone, M., 32 Hermitage Gardens, Edinburgh.
Lodge, Professor, 25 Hope Terrace, Edinburgh.
Logan, Sir Charles B., LL.D., 12 Rothesay Place, Edinburgh.
Lorimer, George, Durrisdeer, Gillsland Road, Edinburgh.
Low, William, Tighnamuir, Monifieth.
Lowe, W. D., W.S., 15 Lynedoch Place, Edinburgh.
LIST OF MEMBERS 9
Macadam, J. H., 37 Shoe Lane, London, E.C.
M'Bain, J. M., British Linen Bank, Arbroath.
Macbrayne, David, 17 Royal Exchange Square, Glasgow.
M^Candlish, Captain P. D., 31 Charlotte Square, Edinburgh.
220 MacDonald, James, W.S., 4 Whitehouse Terrace, Edinburgh.
Macdonald, J. R. M., Largie Castle, Tayinloan, Argyllshire.
MacDonald, Kenneth, Town House, Inverness.
Macdonald, W. K., Windmill House, Arbroath.
Macdonald, W. Rae, Neidpath, Wester Coates Avenue,
Edinburgh.
Macdougall, Jas. Patten, Advocate, SQ Heriot Row, Edinburgh.
M^Ewen, W. C, W.S., 9 South Charlotte Street, Edinburgh.
Macgeorge, B. B., 19 Woodside Crescent, Glasgow.
Macgregor, Alex. R., Mount Stuart, Isle of Bute.
MacGregor, John, W^S., 57 Grange Loan, Edinburgh.
230 MacGregor, Sir Malcolm, Bart., of MacGregor, Edinchip,
Balquhidder.
Macintyre, P. M., Advocate, 12 India Street, Edinburgh.
Mackay, ^neas J. G., K.C., LLD., 7 Albyn Place, Edinburgh.
Mackay, Eneas, 43 Murray Place, Stirling.
Mackay, Rev. G. S., M.A., U.F. Church Manse, Doune.
Mackay, James P., W.S., Whitehouse, Cramond.
Mackay, James R., 24 Blacket Place, Edinburgh.
Mackay, Thomas, 14 Wetherby Place, South Kensington,
London, S.W.
Mackay, Thomas A., 22 Clarence Street, Edinburgh.
Mackay, William, Solicitor, Inverness.
■240 Mackenzie, A. R., 7 Gilmour Street, Paisley.
Mackenzie, Thomas, 50 Wellington Street, Glasgow.
Mackenzie, Thomas, M.A., Sheriff-Substitute of Ross, Tain.
MacKillop, J., junr., Polmont Park, Stirlingshire.
Mackinlay, James Murray, The Lee, Merchiston, Edinburgh.
Mackinnon, Professor, 1 5 Corrennie (lardens, Edinburgh.
Mackintosh, W. F., 107 High Street, Arbroath.
Maclachlan, John, W.S., 48 Castle Street, Edinburgh.
Maclagan, Robert Craig, M.D.,r> Coates Crescent, Edinburgh.
Maclauchlan, John, Albert Institute, Dundee.
10 LIST OF MEMBERS
250 MacLehose, James J., 6l St. Vincent Street^ Glasgow.
MacLeod, Rev. Walter, 112 Thirlestane Road, Edinburgh.
Macmath, William, 16 St. Andrew Square, Edinburgh.
Macmillan, Malcolm, 74 Haymarket Terrace, Edinburgh.
Macphail, J. R. N., Advocate, 87 Great King St., Edinburgh.
Macray, Rev. W. D., Bodleian Library, Oxford.
Main, W. D., 69 Renfield Street, Glasgow.
Mar and Kellie, Earl of, Alloa.
Marshall, John, Caldergrove, Newton, Lanarkshire.
Martin, Francis John, W.S., 17 Rothesay Place, Edinburgh.
260 Marwick, Sir J. D., LL.D., 19 Woodside Terrace, Glasgow.
Masson, David, LL.D., 2 Lockharton Gardens, Edinburgh.
Maxwell, W. J. H., M.P., Munches, Dalbeattie.
Melles, J. W., Gruline, Aros, Isle of Mull.
Melville, Rev. Dr., Earnbank, Comrie, Perthshire.
Menzies, John R., S Grosvenor Crescent, Edinburgh.
Methuen, Miss, 6 Stirling Road, Trinity.
Mill, Alex., 9 Dalhousie Terrace, Edinburgh.
Millar, Alexander H., Rosslyn House, Clepington Rd., Dundee^
Miller, John C, 70 Union Street, Glasgow.
270 Miller,Rev.W.,C.I.E.,D.D.,LL.D.,Burgo Park, Bridge of Allan.
Milne, A. & R., Union Street, Aberdeen.
Minto, The Earl of, Minto House, Hawick.
Mitchell, Sir Arthur, K.C.B., M.D., LL.D., 34 Drummond
Place, Edinburgh.
Mitchell, James, 222 Darnley Street, Pollokshields, Glasgow.
MoiFatt, Alexander, 23 Abercromby Place, Edinburgh.
Moffatt, Sheriff, Falkirk.
Moncrieff, Lieut.-Colonel G. Kenneth Scott, CLE. (Royal
Engineers), Newhalls, The Scores, St. Andrews.
Moncrieff, Sheriff W. G. Scott, Lanark.
Morries-Stirling, J. M., Gogar House, Stirling.
280 Morrison, Hew, LL.D., Torrisdale, Corrennie Gardens^
Edinburgh,
Muirhead, James, 2 Bowmont Gardens, Kelvinside, Glasgow.
Munro, H. T, Drum Leys, Kirriemuir.
Murdoch, Rev. A. D., All Saints' Parsonage, Edinburgh.
LIST OF MEMBERS 11
Murray, David, LL.D., 169 West George Street, Glasgow.
Murray, William, of Murraythwaite, Advocate, Ecclefechan.
NicoLSON, A. B., W.S., Glenbervie House, Fordoun.
Norfor, Robert T., C.A., 35 Lauder Road, Edinburgh.
Ogilvy, Henry T. N. Hamilton, of Belhaven and Dirleton,
Biel, East Lothian.
Ogilvy, Sir Reginald H. A., Bart., of Inverquharty, Bal-
dovan, Dundee.
290 Oliver, James, Thornwood, Hawick.
Orrock, Archibald, 17 St. Catherine's Place, Edinburgh.
Paton, Henry, M.A., 120 Polwarth Terrace, Edinburgh.
Paton, Victor A. Noel, W.S., 11 N. Learmonth Gardens,
Edinburgh.
Patrick, David, LL.D., 339 High Street, Edinburgh.
Patrick, N. J. Kennedy Cochran, Advocate, 34 Heriot Row,
Edinburgh.
Paul, G. M., D.K.S., 9 Eglinton Crescent, Edinburgh.
Paul, Sir James Balfour, Advocate, Lyon King of Arms, 30
Heriot Row, Edinburgh.
Paul, Rev. Robert, F.S.A. Scot, Dollar.
Paulin, David, 6 Forres Street, Edinburgh.
300 Penney, Scott MoncriefF, Advocate, 5 Heriot Row, Edinburgh.
Pentland, Young J., 8 Bruntsfield Terrace, Edinburgh.
Pickering, R. Y., Conheath, Dumfries.
Pillans, Hugh H., 12 Dryden Place, Edinburgh.
Porter, Rev. William Henry, Manse of Cults, Pitlessie, Fife.
Prentice, A. R., Newark Lodge, 28 Newark Street, Greenock.
Pullar, Sir Robert, Tayside, Perth.
Rait, Robert S., New College, Oxford.
Ramsay, Mrs., Kildalton, Islay.
Ramsay, William, 32 Frederick Street, Edinburgii.
310 Rankin, W. B., W.S., 9 Lansdowne Crescent, Edinburgh.
Rankine, Prof John, K.C.,LL.D.,2S Ainslie Place, Edinburgh.
Reichel, H. R., Principal, Univ. Coll., Bangor, North Wales,
12 LIST OF MEMBERS
Reid, John Alexander^ Advocate^ 11 Royal Circus, Edinburgh.
Renwick, Robert, Depute Town-Clerk, City Chambers, Glasgow.
Richard, John M. M., 20 Grosvenor Crescent, Edinburgh.
Richardson, Ralph, W.S., Commissary Office, 2 Parliament
Square, Edinburgh.
Ritchie, David, Hopeville, Dowanhill Gardens, Glasgow.
Roberton, James D., 1 Park Terrace East, Glasgow.
Robertson, A. Ireland, Brae Park, Cramond Bridge, Mid-
lothian.
320 Robertson, John, Elmslea, Dundee.
Robson, William, Marchholm, Gillsland Road, Edinburgh.
Romanes, Charles S., C.A., 3 Abbotsford Crescent, Edinburgh.
Rosebery, The Earl of, K.G., Dalmeny Park, Linlithgowshire.
Sanderson, Kenneth, W.S., 5 Abercromby Place, Edinburgh.
Scott, Rev. Archibald, D.D., l6 Rothesay Place, Edinburgh.
Scott, Miss Jean Macfarlane, 7 Murton Street, Sunderland.
Scott, Rev. Robert, Craig Manse, Montrose.
Shaw, David, W.S., 1 Thistle Court, Edinburgh.
Shaw, Thomas, M.P., K.C., 17 Abercromby Place, Edin-
burgh.
330 Sheriff, George, c/o Hugh Hopkins, 17 W. Regent Street,
Glasgow.
Shiells, Robert, National Bank of Neenah, Neenah, Wisconsin.
Sime, David, 27 Dundas Street, Edinburgh.
Simpson, Prof. A. R., 52 Queen Street, Edinburgh.
Simson, D. J., Advocate, 3 Glenfinlas Street, Edinburgh.
Sinclair, ex-Bailie Alexander, Ajmere Lodge, Langside,
Glasgow.
Smail, Adam, 13 Cornwall Street, Edinburgh.
Smart, Prof. William, LL.D., Nunholm, Dowanhill, Glasgow.
Smith, Mrs., Broompark, Lanark.
Smith, John Lamb, S.S.C, 58 Polwarth Terrace, Edinburgh.
340 Smith, G. Gregory, M.A., l6 Murrayfield Avenue, Edinburgh.
Smith, J. K., 4 East Hermitage Place, Leith.
Smith, Rev. R. Nimmo, LL.D., Manse of the First Charge
Haddington.
LIST OF MEMBERS IS
Smith, Robert, 9 Ward Road, Dundee.
Smythe, Col. David M., Methven Castle, Perth.
Sorley, William, Viewfield House, Partick, N.B.
Sprott, Rev. George W., D.D., North Berwick.
Steuart, A. Francis, Advocate, 79 Gt. King St., Edinburgh.
Stevenson, J. H., Advocate, 9 Oxford Terrace, Edinburgh.
Stevenson, Rev. Robert, M.A., The Abbey, Dunfermline.
350 Stewart, Major-General Shaw-, 7 Inverness Ter., London, W.
Stewart, R. K., Murdostoun Castle, Newmains, Lanarkshire.
Stewart, Miss Grainger, 1 .') Royal Circus, Edinburgh.
Strathallan, Lady, Machany House, Perthshire.
Strathcona and Mount Royal, Lord, Invercoe, Argyllshire.
Strathern, Robert, W.S., 12 South Charlotte St., Edinburgh.
Sturrock, James S., W.S., 21 Rutland Street, Edinburgh.
Sturrock, Rev. J., 12 Argyle Place, Edinburgh.
Sutherland, James B., S.S.C, 10 Royal Terrace, Edinburgh.
Swinton, A. C. Campbell, Kimmerghame, Duns, Berwick-
shire.
360 Taylor, Benjamin, 10 Derby Crescent, Kelvinside, Glasgow.
Taylor, James Pringle, W.S., 19 Young Street, Edinburgh.
Taylor, Rev. Malcolm C, D.D., Professor of Church History,
6 Greenhill Park, Edinburgh.
Telford, Rev. W. H., Reston, Berwickshire.
Tennant, Sir Charles, Bart., The Glen, Innerleithen.
Terry, Professor C. Sanford, Sirhowy, Cults, Aberdeenshire.
Thin, George, 7 Mayfield Terrace, Edinburgh.
Thomson, John Maitland, LL.D., Advocate, 3 Grosvenor
Gardens, Edinburgh.
Thomson, T. S., 9 Manor Place, Edinburgh.
Thomson, Col., St. James's Club, Piccadilly, London, S.W.
370 Tod, Henry, W.S., 47 Manor Place, Edinburgh.
Trail, John A., LL.D., W.S., 14 Belgrave Place, Edinburgh.
Trayner, The Hon. Lord, LL.D., 27 Moray Place, Edinburgh.
Tuke, Sir John Batty, M.D., M.P., 20 Charlotte Square, Edin-
burgli.
14 LIST OF MEMBERS
Tulloch, Major-General Sir Alexander B.^ K.C.B., 24 Brechin
Place,, London, S.W.
Tweedale, Mrs., Balquholly, Turriff.
Tweeddale, The Marquis of, Yester, Gifford, Haddington.
Underhill, Charles E,, M.D., 8 Coates Crescent, Edinburgh.
Veitch, G. Seton, Friarshall, Paisley.
Walker, Louson, Westhorpe, Greenock.
380 Walker, Robert, M.A., Tillydrone House, Old Aberdeen.
Warrender, Miss, 50 Wilton Crescent, London.
Waterston, George, 10 Claremont Crescent, Edinburgh.
Watson, R. W. Seton, Ayton, Abernethy.
Watson, The Hon. William, B.A., LL.B., 31 Abercromby
Place, Edinburgh.
Waugh, Alexander, National Bank, Newton-Stewart, N.B.
Whamond, David, Edinburgh.
Williamson, Charles, 4 Bayview Road, Aberdeen.
Wilson, Very Rev. Dean, 17 Atholl Crescent, Edinburgh.
Wilson, Robert Dobie, 38 Upper Brook Street, London, W.
390 Wilson, W. B., W.S., 46 Palmerston Place, Edinburgh.
Wilson, William James, 32 Berkeley Terrace, Glasgow, W.
Wood, Alexander, Thornly, Saltcoats.
Wood, Miss, Woodburn, Galashiels.
Wood, J. P., LL.D.,W.S., 16 Buckingham Terrace, Edinburgh.
Wood, W. A., C.A., 11 Clarendon Crescent, Edinburgh.
Wordie, John, 75 West Nile Street, Glasgow.
Young, A. J., Advocate, 60 Great King Street, Edinburgh.
Young, James A., Wallace Bank, Paisley.
Young, William Laurence, Solicitor, Auchterarder.
400 Yule, Miss Amy Frances, F.S.A. Scot., Tarradale, Ross-shire.
LIST OF LIBRARIES
Aberdeen Free Public Library.
Aberdeen University Library.
All Souls College, Oxford.
Antiquaries, Society of, Edinburgh.
Athenaeum, The, London, S.W.
Baillie's Institution Free Library, Glasgow.
Belfast Library, Donegal! Square North, Belfast, Ireland.
Berlin Royal Library.
Birmingham Free Library.
10 Bodleian Library, Oxford.
Boston Athenaeum, Mass.
Boston Public Library, Mass.
Buffalo Public Library.
California University Library.
Cambridge University Library.
Cardiff Free Public Library.
Carnegie Public Library, Ayr.
Chicago University Library.
Church of Scotland Library, Edinburgh.
20 Congress, Library of, Washington.
Copenhagen (Bibliotheque Royale).
Cornell University, Ithaca, Michigan.
Dollar Institution.
Dresden Public Library.
Dundee Free Library.
Edinburgh Public Library.
Edinburgh University Library.
Gladstone Memorial Library, Scottish Liberal Club.
Glasgow University Library.
30 Gray's Inn, Hon. Society of, London.
Halifax Public Library.
Harvard College Library, Cambridge, Mass.
Inverness Free Library.
John Rylands Library, The, Manchester.
Kilmarnock Public Library.
Leeds Library.
Liverpool Public Library.
liondon Corporation Library, Guildiiall.
London Library, St. James Square.
40 Manchester Public Free Library.
16 LIST OF LIBRARIES
Mitchell Library, Glasgow.
Montrose Public Library.
Nairn Literary Institute.
National Liberal Club, London.
National Library of Ireland.
Netherlands Royal Library.
Newcastle-upon-Tyne Public Library.
New College Settlement, 48 Pleasance, Edinburgh
New South Wales Public Library, Sydney.
50 New York Public Library.
New York State Library.
Nottingham Free Public Library.
Ottawa Parliamentary Library.
Paisley Philosophical Institution.
Peabody Institute, Baltimore.
Pennsylvania Historical Society.
Philosophical Institution, Edinburgh.
Procurators, Faculty of, Glasgow.
Protestant Institute of Scotland.
60 Public Record Office.
Reform Club, Pall Mall, London, S.W.
Royal College of Physicians, Edinburgh.
Royal Institution, London, W.
Royal Library, Stockholm.
Sandeman Public Library, Perth.
St. Andrews University Library.
Sheffield Free Public Library.
Signet Library, Edinburgh.
Solicitors before the Supreme Court, Society of, Edinburgh.
70 Speculative Society, Edinburgh.
Stonyhurst College, Blackburn, Lancashire.
Stornoway Public Library.
Toronto Public Library.
United Free Church College Library, Glasgow.
Victoria Public Library, Melbourne.
Vienna, Library of the R. I. University.
Westminster College Library, Cambridge.
Wigan Free Public Library.
Wisconsin State Historical Society.
80 Worcester (Mass.) Free Public Library.
Yale University Library.
^cottist) ^ietoxv ^ocietj^.
THE EXECUTIVE.
1904-1905.
President.
The Earl of Rosebery, K.G., K.T., LL.D.
Chairman of Council.
David Masson, LL.D., Historiographer Royal for Scotland.
Council.
Rev. Alexander D. Murdoch.
Sir Arthur Mitchell, K.C.B., M.D., LL.D.
A. Francis Steuart, Advocate.
Sir Thomas Gibson Carmichael, Bart.
John Rankine, K.C, LL.D., Professor of Scots Law in the
University of Edinburgh.
Sir James Balfour Paul, Lyon King of Arms.
The Rev. Robert Flint, D.D.
P. Hume Brown, M.A., LL.D., Professor of Ancient History
and Palaeography in the University of Edinburgh.
Right Rev. John Dowden, D.D., Bishop of Edinburgh.
Charles J. Guthrie, K.C.
John A. Trail, LL.D., W.S.
J. Maitland Thomson, Advocate, Keeper of the Historical
Department, H.M. Register House.
Corresponding Members of the Council.
Prof. C. H. Firth, LL.D., Oxford; Rev. W. D. Macray, Oxford ;
Prof. C. Sanford Terry, Aberdeen.
Hon. Treasurer.
J. T. Clark, Keeper of the Advocates' Library.
Int. Hon. Secretartf.
J. T. (lark, Keeper of the Advocates' Library.
RULES
1. The object of the Society is the discovery and printing,
under selected editorship, of unpublished documents illus-
trative of the civil, religious, and social history of Scotland.
The Society will also undertake, in exceptional cases, to issue
translations of printed works of a similar nature, which have
not hitherto been accessible in English.
2. The number of Members of the Society shall be limited
to 400.
3. The affairs of the Society shall be managed by a Council,
consisting of a Chairman, Treasurer, Secretary, and twelve
elected Members, five to make a quorum. Three of the twelve
elected Members shall retire annually by ballot, but they shall
be eligible for re-election.
4. The Annual Subscription to the Society shall be One
Guinea. The publications of the Society shall not be delivered
to any Member whose Subscription is in arrear, and no
Member shall be permitted to receive more than one copy of
the Society*'s publications.
5. The Society will undertake the issue of its own publica-
tions, i.e. without the intervention of a publisher or any other
paid agent.
6. The Society will issue yearly two octavo volumes of about
320 pages each.
7. An Annual General Meeting of the Society shall be held
at the end of October, or at an approximate date to be
determined by the Council.
8. Two stated Meetings of the Council shall be held each
year, one on the last Tuesday of May, the other on the Tues-
day preceding the day upon which the Annual General Meeting
shall be held. The Secretary, on the request of three Members
of the Council, shall call a special meeting of the Council.
9. Editors shall receive 20 copies of each volume they edit
for the Society.
10. The owners of Manuscripts published by the Society will
also be presented with a certain number of copies.
11. The Annual Balance-Sheet, Rules, and List of Members
shall be printed.
12. No alteration shall be made in these Rules except at a
General Meeting of the Society. A fortnight's notice of any
alteration to be proposed shall be given to the Members of the
Council.
PUBLICATIONS
OF THE
SCOTTISH HISTORY SOCIETY
Forthe7/earl886-lSS7.
1. Bishop Pococke's Tours in Scotland, 1747-1760. Edited by
D. W. Kemp.
2. Diary and Account Book of William Cunningham of Craig-
ENDs, 1673-1680. Edited by the Rev. James Dodds, D.D.
For the year 1887-1888.
3. Grameidos libri sex : an heroic poem on the Campaign of
1689, by James Philip of Almerieclose. Translated and
Edited by the Rev. A. D. Murdoch.
4. The Register of the Kirk-Session of St. Andrews. Part i.
1559-1582. Edited by D. Hay Fleming.
For the year 1888-1889.
5. Diary of the Rev. John Mill, Minister in Shetland, 1740-
1803. Edited by Gilbert GouDiE.
6. Narrative of Mr. James Nimmo, a Covenanter, 1654-1709.
Edited by W. G. Scott-Moncrieff.
7. The Register of the Kirk-Session of St. Andrews. Part ii.
1583-1600. Edited by D. Hay Fleming.
For the year 1889-1890.
8. A List of Persons concerned in the Rebellion (1745). With
a Preface by the Earl of Rosebery.
Presented to the Society by the Earl qf Rosebery.
9. (iLAMis Papers: The * Book of Record,' a Diary written by
Patrick, first Earl of Strathmore, and other documents
' (1684-89). Edited by A. H. Millar.
10. John Major's History of Greater Britain (1521). Trans-
lated and edited by Archibald Constable.
4 PUBLICATIONS
For the 7/ear 1890-1891.
11. The Records of the Commissions of the General Assemblies,
1646-47. Edited by the Rev. Professor Mitchell^ D.D., and
the Rev. James Christie, D.D.
12. Court-Book of the Barony of Urie, 1604 1747. Edited
by the Rev. D. G. Barron.
For the 7/ear 1891-189^.
13. Memoirs of Sir John Clerk of Penicuik, Baronet. Ex-
tracted by himself from his own Journals, 1676-1755. Edited
by John M. Gray.
14. Diary of Col. the Hon. John Erskine of Carnock, 1683-
1687. Edited by the Rev. Walter Macleod.
For the 7/ear 1892-1893.
15. Miscellany of the Scottish History Society, First Volume —
The Library of James vi., 1573-83. Edited by G. F. Warner.—
Documents illustrating Catholic Policy, 1596-98. T. G. Law.
— Letters of Sir Thomas Hope, 1627-46. Rev. R. Paul. — Civil
War Papers, 1643-50. H. F. Morland Simpson. — Lauderdale
Correspondence, 1660-77. Right Rev. John Dowden, D.D. —
Turnbull's Diary, 1657-1704. Rev. R. Paul. — Masterton
Papers, 1660-1719. V. A. Noel Paton. — Accompt of Expenses
IN Edinburgh, 1715. A. H. Millar. — Rebellion Papers, 1715
and 1745. H. Paton.
16. Account Book of Sir John Foulis of Ravelston (1671-1707).
Edited by the Rev. A. W. Cornelius Hallen.
For the year 1893-1894.
17. Letters and Papers illustrating the Relations between
Charles n. and Scotland in 1650. Edited by Samuel
Rawson Gardiner, D.C.L., etc.
18. Scotland and the Commonwealth. Letters and Papers
relating to the Military Government of Scotland, Aug.
1651— Dec. 1653. Edited by C. H. Firth, M.A.
For the year 1894-1895.
19. The Jacobite Attempt of 1719- Letters of James, second
Duke of Ormonde. Edited by W. K. Dickson.
20. 21. The Lyon in Mourning, or a Collection of Speeches,
Letters, Journals, etc., relative to the Affairs of Prince
Charles Edward Stuart, by Bishop Forbes. 1746-1775.
Edited by Henry Paton. Vols. i. and 11.
PUBLICATIONS 5
For the 1/ear 1S95-1896.
22. The Lyon in Mourning. Vol. in.
23. Itinerary of Prince Charles Edward (Supplement to the
Lyon in Mourning). Compiled by W. B. Blaikie.
24. Extracts from the Presbytery Records of Inverness and
Dingwall from 1638 to i688. Edited by William Mackav.
25. Records of the Commissions of the General Assemblies
(continued) for the years l648 and 1649. Edited by the Rev.
Professor Mitchell, D.D., and Rev. James Christie, D.D.
Forthei/earlSde-lSm.
26. Wariston's Diary and other Papers —
Johnston of Wariston's Diary, 1639. Edited by G. M. Paul. —
The Honours op Scotland, 1651-52. C. R. A. Howden. — The
Earl of Mar's Legacies, 1722, 1726. Hon. S. Erskine. — Letters
BY Mrs. Grant of Laggan. J. R. N. Macphail.
Presented to the Society by Messrs. T. and A. Constable.
27. Memorials of John Murray of Broughton, 1740-1747.
Edited by R. Fitzroy Bell.
28. The Compt Buik of David Wedderburne, Merchant of
Dundee, 1587-1630. Edited by A. H. Millar.
For the year 1897-1898.
29. 30. The Correspondence of De Montereul and the brothers
De Belli^vre, French Ambassadors in England and Scot-
land, 1645-1648. Edited, with Translation, by J. G.
Fotheringham. 2 vols.
For the year 1898-1899.
31. Scotland and the Protectorate. Letters and Papers
relating to the military government of scotland, from
January 1654 to June 1659. Edited by C. H. Firth, M.A.
32. PaPEHS ILLUSTRATING THE HiSTORY OF THE ScOTS BRIGADE IN
THE Service of the United Netherlands, 1572-1782.
Edited by James Ferguson. Vol. i. 1572-1697.
SH, 34. Macfarlane's Genealogical Collections concerning
Families in Scotland; Manuscripts in the Advocates' Library.
2 vols. ?2dited by J. T. Clark, Keeper of the Library.
Presented to the Society by the Trustees qfthe lute Sir William Fritter ^ IC,C,B.
6 PUBLICATIONS
For the 1/ear 1899-1900.
35. Papers on the Scots Brigade in Holland, 1572-1782.
Edited by James Ferguson. Vol. n. 16*98-1782. (Nov. 1899-)
36. Journal of a Foreign Tour in 166'5 and 1666, and Portions of
other Journals, by Sir John Lauder, Lord Fountainhall.
Edited by Donald Crawford. (May 1900.)
37. Papal Negotiations with Mary Queen of Scots during her
Reign in Scotland. Chiefly from the Vatican Archives.
Edited by the Rev. J. Hungerford Pollen, S.J. (Nov. 1901.)
For the 1/ear 1900-1901.
38. Papers on the Scots Brigade in Holland, 1572-1782
Edited by James Ferguson. Vol. in. 1. Rotterdam Papers:
2. The Remembrance, a Metrical Account of the War in
Flanders, 1701-12, by John Scot, Soldier. (July 1901.)
39. The Diary of Andrew Hay of Craignethan, 1659-60.
Edited by A. G. Reid, F.S. A.Scot. (Nov. 1901.)
For the year 1901-1902.
40. Negotiations for the Union of England and Scotland in
1651-53. Edited by C. Sanford Terry. (March 1902.)
41. The Loyall Dissuasive. Memorial to the Laird of Cluny in
Badenoch. Written in 1703, by Sir ^Eneas Macpherson.
Edited by the Rev. A. D. Murdoch. (July 1902.)
For the year 1902-1903.
42. The Chartulary of Lindores, 1195-1479- Edited from the
original MS. at Caprington Castle, Kilmarnock, by the Right
Rev. John Dowden, D.D., Bishop of Edinburgh. (July 1903.)
43. A Letter from Mary Queen of Scots to the Duke of Guise,
Jan. 1562. Reproduced in Facsimile from the Original MS. in
the possession of the late John Scott^ of Halkshill, Esq., C.B.
Edited, with historical Introduction and Appendix of original
illustrative Documents, by the Rev. J. Hungerford Pollen,
S.J. (Jan. 1904.)
Presented to the Society by the family of the late Mr. Scott, of Halkshill.
PUBLICATIONS 7
44. Miscellany of the Scottish History Society, Second Volume —
Thk Scottish King's Household, 14th Century. Edited by Mary
Bateson. — The Scottish Nation in the University of Orleans,
1336-1538. John Kirkpatrick, LL.D. — The French Garrison
AT Dunbar, 1563. Roberts. Rait. — De Antiquitate Religionis
apud Scotos, 1594. Henry D. G. Law. — Apology for William
Maitland of Lethington, 1610. Andrew Lan^. —Letters of
Bishop George Graeme, 1602-38. L. G. Graeme. — A Scottish
Journie, 1641. C. H. Firth. — Narratives illustrating the Duke
OF Hamilton's Expedition to England, 1648. C. H. Firth. —
Burnet-Leighton Papers, 1648-168-. H. C. Foxcroft. — Papers
OF Robert Erskine, Physician to Peter the Great, 1677-1720.
Rev. Robert PauL — Will of the Duchess of Albany, 1789.
A. Francis Steuart. (Feb. 1904.)
45. Letters of John Cockburn of Ormistoun to his Gardener,
1727-1743. Edited by James Colville, D.Sc. (March 1904.)
For the year 1903-1904.
46. Minute Book of the Managers of the New Mills Cloth
Manufactory, I68I-I690. Edited by W. R. Scott, Lecturer
on Political Economy in St. Andrews University. (Jan. 1905.)
47. Chronicles of the Frasers ; being the Wardlaw Manuscript
entitled ' Polichronicon seu Policratica Temporum, or, the
true Genealogy of the Frasers.' By Master James Fraser.
Edited, from the original MS. in possession of the Trustees of
the late Sir Wm. Augustus Fraser, Bart., by William Mackay,
Inverness. (Feb. 1905.)
48. The Records of the Proceedings of the Justiciary Court
from 1661 to 1678. Vol, i. I66I-I669. Edited, from the
MS. in possession of Mr. John W. Weston, by Sheriff Scott-
Moncrieff. (July 1905.)
For the year 1904-1905.
49. The Records of the Proceedings of the Justiciary Court
FROM 1661 TO 1678. Vol. II. 1669-1678. Edited, from the
MS. in possession of Mr. John W. Weston, by Sheriff Scott-
Moncrieff. (Oct. 1905.)
50. Records of the Baron Court of Stitchill, 1655-1807. Tran-
scribed from the original in Stitchill House, Roxburghshire,
by the late Rev. George Gunn, Minister of Stitchill, Edited
by Clement B. Gunn, M.D., Peebles. (Oct. 1J)05.)
51. Macfarlane's Topographical Collections. Vol. i. Edited,
from the MS. in the Advocates' Library, by Sir Arthur
Mitchell, K.C.B.
8 PUBLICATIONS
In preparation.
Macfarlane's Topographical Collections. Vol. ii.
Statuta EccLEsiiE ScoTicANiE, 1225-1556". 2 Vols. Edited, with
Translation and Notes, by David Patrick, LL.D.
The House Books of Accompts, Ochtertyre, 1737-39. Edited,
from the original MS.^ in possession of Sir Patrick Keith
Murray, by James ColviLle, D.Sc.
Sir Thomas Craig's De Unione Regnorum Britanni^e. Edited,
with an English Translation, by David Masson, LL.D.
Records relating to the Scottish Armies from 1638 to i650.
Edited by C. Sanford Terry.
The Charters of the Abbey of Inchaffray. Edited by W. A.
Lindsay, K.C, and the Right Rev. Bishop Dowden, D.D.
Analytical Catalogue of the Wodrow Collection of Manu-
scripts in the Advocates' Library. Edited by the Keeper
of the Library.
Charters and Documents relating to the Grey Friars and
the Cistercian Nunnery of Haddington. — Register of the
Monastery of Inchcolm. Edited by J. G. Wallace-
James, M.B.
Records of the Commissions of the General Assemblies (con-
tinued), for the years 1650-53. Edited by the Rev. James
Christie, D.D.
Register of the Consultations of the Ministers of Edinburgh,
AND SOME other BRETHREN OF THE MINISTRY SINCE THE
INTERRUPTION OF THE ASSEMBLY l653, WITH OTHER PaPERS OF
PUBLIC CONCERNMENT, 1 653-1 660.
Papers relating to the Rebellions of 1715 and 1745, with other
documents from the Municipal Archives of the City of Perth.
A Selection of the Forfeited Estates Papers preserved in
H.M. General Register House and elsewhere. Edited by
A. H. Millar.
A Translation of the Historia Abbatum de Kynlos of
Ferrerius, together with some inedited Letters of the
Author. By Archibald Constable, LL.D.
Rentale Sancti Andre^e. The Household Book of Cardinal
Beaton, 1539-1545. Edited, from the MS. in the Advocates'
Library, by D. Hay Fleming, LL.D,
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